明罚敕法:碳市场数据报告责任追究的罚则设计

    Law of Express Punishment: the Design of Punishment Rules for Investigating the Responsibility of Carbon Market Data Reporting

    • 摘要: 基于碳市场治理能力和治理体系不断变革的现实诉求,碳排放数据信息虚假报告违法行为必须得到有效遏制,以此完成由“以罚代管”到“明罚敕法”的锐变。碳市场数据报告责任追究的罚则设计应当与碳市场的政策变化相契合,立足于碳排放数据信息报告的不同阶段,强化多元处罚方式与规则的协同性与功能性,从强调“惩罚失当”过渡到侧重“奖罚分明”。研究指出,应当整合完善碳市场监管规则体系,提升位阶效力,对现有处罚方式的局限性予以补强;监管主体通过设置处罚合理梯度,构建最优威慑体系,进而促导行政执法效能合理化与责任增效体系的形成;扩张和强化司法权来化解行政失灵,完成从法律定性判断到处罚定量分析的转变,终而实现对碳市场的良法善治。

       

      Abstract: The penalty design of carbon emission trading management system is very important to achieve the goal of "carbon peaking and carbon neutralization" in China. Based on the realistic demands of the continuous reform of carbon market governance ability and governance system, the illegal acts of false reporting of carbon emission data and information must be effectively curbed, so as to complete the sharp change from "taking the place of punishment" to "explicit punishment and imperial law". The design of penalty rules for the accountability of carbon market data report should be consistent with the policy changes of carbon market. Based on the different stages of carbon emission data information report, strengthen the synergy and functionality of multiple punishment methods and rules, and transition from emphasizing "improper punishment" to focusing on "clear reward and punishment". Therefore, it should construct a combined punishment mode of accountability for carbon market data reporting, and formulate additional punishment measures for carbon emission data fraud of emission control enterprises in the way of mandatory supplementary payment of quotas, so as to strengthen the limitations of the existing punishment methods. By setting a reasonable gradient of punishment, build the best deterrence system, and then promote the rationalization of administrative law enforcement efficiency and the formation of responsibility efficiency system. By expanding and strengthening judicial power to resolve administrative failure, complete the transformation from legal qualitative judgment to punishment quantitative analysis, and finally realize the good law and good governance of the carbon market.

       

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