“双碳”背景下国家公园生态系统碳汇司法保障的困境与出路

Judicial safeguards for ecosystem carbon sinks in national parks under the "dual carbon" goals: challenges and solutions

  • 摘要: 国家公园所承载的生态系统具有极高的固碳价值和潜力, 保护、修复国家公园生态系统“碳库”是实现“双碳”目标最具效益的路径。国家公园生态系统碳汇司法保障的缘由在于司法所具有的法理与社会功能。环境司法专门化建设是国家公园生态系统碳汇司法保障建设的基础与载体, 通过梳理国家公园生态系统碳汇司法保障实践可见, 存在适用认购碳汇的基础性制度有待健全、司法协作的公众参与有待完善、碳汇恢复性措施的适用不足等问题。建议完善适用认购碳汇的基础性制度、构建制度化的公众参与模式、促进碳汇恢复性措施的有效适用, 以为国家公园生态系统碳汇提供针对性的司法保护机制。

     

    Abstract: The ecosystems within national parks have significant value and potential for carbon sequestration, and the protection and restoration of their "carbon reservoirs" functions are regarded as the most effective ways to achieve the"dual carbon" goals. The need for judicial safeguards for ecosystem carbon sinks in national parks stems from the judicial system′s legal and social functions.The specialized construction of environmental judiciary constitutes the foundational support for these safeguards. The current practice of judicial safeguards forecosystem carbon sinks in national parks is mainly characterized by the introduction of "purchasing carbon sinks" as a way of assuming responsibility, the exploration of the establishment of a judicial collaboration mechanism for the protection of carbon sinks in national parks, and the exploration of the establishment of a model for the centralization of jurisdiction over environmental resource cases in national parks.Through systematic review of the practice of judicial safeguards for ecosystem carbon sinks in national parks, it can be found: The basic system of carbon sink subscription is not complete, which is manifested in the inadequacy of the basis for judiciary application of carbon sink subscription, and the identification of loss of ecosystem carbon sinks in national parks needs to be regulated; The public participation in judicial collaboration needs to be optimized, as shown that the existing collaboration model mainly focuses on coordination and cooperation between public power subjects, while there is less cooperation and interaction between public power subjects and private power subjects; The application of restorative measures for carbon sinks is insufficient, as shown in some cases of loss of carbon sinks, where the carbon sequestration function has not been adequately remedied. Therefore, it is recommended to improve the following three aspects in order to provide a specialized judicial protection mechanism for the ecosystem carbonsinks in national parks: To optimize the basic system for the application of subscribed carbon sinks, including the improvement of legislative support for the application of subsidized carbon sinks, and the improvement of the norms for the identification of the loss of ecosystem carbon sinks in national parks; Building an institutionalized model of public participation, including the need to focus on building mechanisms for judicial participation by the public in and around the parks, establishing appropriate incentives; Promoting the effective application of carbon sink restoration measures, including improving the application rate of carbon sink restoration measures, improving the monitoring mechanism for the implementation of carbon sink restoration measures.

     

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