我国林业碳汇存在的障碍及法律对策
Obstacles Existing in China’s Forestry Carbon Sequestration and Legal Countermeasures

我国林业碳汇通过CDM项目和国内自愿性碳汇项目及交易来实现。我国自愿性林业碳汇项目发展势头较好,但全球整体林业碳汇发展放缓。我国林业碳汇存在较多障碍:法律规范层级低、与碳交易市场衔接不畅、与林权改革不协调以及与生态补偿相混淆。根本原因是国际气候谈判趋势不明朗和林业碳汇之物权理论基础薄弱。我国应尽快明晰林业碳汇权利的准物权性质,强化碳汇造林的林权基础,以及制定专门法规应对上述问题。
China’s forestry carbon sequestration is achieved through CDM and domestic voluntary carbon sequestration projects and their transactions. Voluntary forestry carbon sequestration project development momentum in China is good, but the overall global forestry carbon sequestration has slowed down. There are many obstacles for China’s forestry carbon sinks: low level of legal norms, poor convergence with the carbon trading market, uncoordinated with reform of forest rights, and confused with ecological compensation. The root cause is uncertain international climate negotiations, and the theory foundation is weak of property rights in forestry carbon sequestration. China should clarify the property of forestry carbon sequestration rights as quasi-property rights as soon as possible, and strengthen the basis of forest rights of carbon sequestration afforestation, as well as special legislation to deal with these issues.