关键词: 碳排放权交易, 碳排放权, 碳配额所有权, 配额, 核证自愿减排量

Abstract: Chinas use of the concept of carbon emissions rights has gone through a process of expanding from an economic context to a legal context.The true nature of carbon emission rights is economic property rights.If we put it into the legal context,the nature of carbon emission rights should be the object of legal rights,with a status equivalent to carbon quotas.At present,interpreting carbon emission rights as a legal right in law may lead to confusion in understanding the concept and difficulties in practical application.Based on the practice of Chinas carbon trading system,the ownership of carbon quotas,with carbon quotas as the object of rights and the rights holders possession(holding),use(emission),disposal(transfer,the establishment of guarantees)of carbon quotas as the content of rights,has more explanatory and guiding power for the system.If carbon emission rights are regarded as the right to emit carbon,exercising carbon emission rights is essentially the right to use the ownership of carbon quotas.The ownership of carbon quotas has a broad policy nature,characterized by “administrative essence and civil law path”,and is fundamentally guided by the achievement of emission reduction targets.It is a tool right aimed at implementing public law obligations,different from traditional civil rights that serve as purposive rights.The establishment of ownership of carbon quotas is based on the definition of quotas,and the definition of carbon quotas and certified voluntary emission reductions relies on the detection and recognition of carbon emissions and emission reductions.Based on this,administrative agencies should strictly supervise the quality of data.

Key words: carbon emissions trading, carbon emission rights, carbon quota ownership, quota, certified voluntary emission reduction