Abstract

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Title:: The Logic of and Approach to Innovating the Judicial Mechanism of Carbon Sink Trading Under the “Dual Carbon” Goals

Keywords:: “dual carbon” goals; carbon sink trading; environmental justice; alternative remediation

Abstract:: China's “dual carbon” policy system takes the improvement of the measures to guarantee the rule of law as one of the key tasks to promote the “dual carbon” work. It is an important part of the rule of law guarantee system to innovate the judicial guarantee mechanism that serves the “dual carbon” goals. From the perspective of legal logic, the judicial paradigm of justice serving the “dual carbon” goals should be an ecological judicial mechanism. Increasing carbon sinks is the focus of judicial assistance to “dual carbon” goals, and carbon sink trading is an innovative mechanism path of judicial assistance to “dual carbon” goals. Its mechanism jurisprudence is to take carbon sink trading as a new way of alternative remediation. The application of carbon sink trading mechanism in carbon ecological justice includes the following aspects: clarifying the conditions for judicial application of “carbon sink trading”; specifying the types of cases for judicial application of “carbon sink trading” mechanism; and choosing the application methods of “carbon sink trading” mechanism, including the parties' subscription to carbon sinks for in-situ remediation, the parties' subscription to carbon sinks for ex-situ remediation, and setting up public interest carbon accounts for heterogeneous remediation.