Law

Provide judicial services for promoting carbon peak and carbon neutralization

2023-02-21   

Recently, the Supreme People's Court issued the Opinions of the Supreme People's Court on Completely, Accurately and Comprehensively Implementing the New Development Concept to Provide Judicial Services for Actively and Steadily Promoting Carbon Peak and Carbon Neutralization, to increase the supply of judicial rules and standards and help green development. Liu Zhumei, the president of the Environmental Resources Division of the Supreme People's Court, said that the Opinion is the first normative document concerning "double carbon" issued by the Supreme People's Court, which has an important guiding role for people's courts at all levels to properly hear various cases involving carbon in this new field according to law, and is of great significance for helping to promote carbon peak and carbon neutralization. In view of the new type and increasing number of carbon trading disputes in recent years, the Opinions put forward that the rights and responsibilities of the relevant subjects of carbon market trading should be clearly defined according to law in order to promote the improvement of market liquidity, the formation of a reasonable carbon price, and the enhancement of the power of enterprises to reduce carbon emissions. When hearing guarantee cases such as carbon emission quotas, we should consolidate the institutional basis of carbon market business innovation, help carbon trading products play a financing role, and stabilize market expectations. In terms of serving the overall green transformation of economic and social development in accordance with the law, the Opinions put forward that the trial of new business forms and new modes of production, service and consumption cases should strengthen the rules and guidance for the innovation of new types of environmental rights and interests trading modes and resource factor markets; In hearing civil infringement cases of greenhouse gas emissions, administrative and criminal cases of air pollution prevention and control, we should give priority to ecological restoration, handle the relationship between carbon sequestration and foreign exchange, and actively guide and regulate infringers to purchase carbon sink products to offset and compensate for carbon sink losses, losses caused by the loss of service functions from the damage of ecological environment to the completion of restoration. In order to fully and accurately implement the new development concept and properly handle the relationship between development and emission reduction in accordance with the law, the Opinions put forward that the trial of capacity replacement contract cases should give full play to the important role of the contract in the allocation of resources in the market, and at the same time, in accordance with the industrial policy and the requirements for the dual control of carbon emission intensity and total carbon emission, innovative measures to benefit enterprises and eliminate backward capacity in an orderly manner. In hearing the case of ecological environmental infringement involving enterprises with high energy consumption and high carbon emissions, we should apply the new requirements for judicial protection put forward by the rights of energy, steel, cement production capacity and other new types of ecological resources, guide enterprises to carry out orderly technological transformation of energy conservation and carbon reduction, promote green transformation in economic development and achieve greater development in green transformation. (Xinhua News Agency)

Edit:Ying Ying Responsible editor:Zhou Shu

Source:People.cn

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