林业碳汇惠益分配法律问题研究
Research on Legal Issues Concerning the Allocation of Carbon Sequestration Benefits in Forestry

设计有效、高效和公平的参与性林业碳汇惠益分配框架，需要与广泛的利益相关者进行协商和沟通，并保障其相关权利。现行法无法涵盖新兴环境事务中参与主体资质与权利的识别，应当借鉴REDD+经验厘清主体范畴，根据环境利益标准类型化参与主体，项目产出惠益共享的讨论侧重于分配减排货币化的收入，但不应成为唯一选择，利益相关人应当能够选择不同的惠益产出形式。应当认识到不同的利益相关者群体有差异化的需求与对项目认知的差异度，提升其参与惠益分配的意识，引入生态效益补偿的同时探索将问责制与非诉救济机制纳入林业碳汇惠益分配框架中，以更好实现参与各方共赢。
Designing an effective, efficient, and fair framework for participatory allocation of forestry carbon sink benefits requires consultation and communication with a wide range of stakeholders, while safeguarding their relevant rights. The current law cannot cover the identification of qualifications and rights of participating entities in emerging environmental affairs. It is necessary to draw on the experience of REDD+ to clarify the scope of entities, classify participating entities based on environmental interest standards, and discuss the sharing of project output benefits, which focuses on the distribution of monetized income from emission reduction, but should not be the only choice. Stakeholders should be able to choose different forms of benefit output. It should be recognized that different stakeholder groups have differentiated needs and perceptions of the project, and their awareness of participating in benefit distribution should be enhanced. While introducing ecological benefit compensation, it is also necessary to explore the inclusion of accountability and non litigation relief mechanisms in the forestry carbon sink benefit distribution framework, in order to better achieve a win-win situation for all parties involved.