关键词： 碳中和, 碳排放, 气候变化, 立法框架, 立法功能

Abstract: Carbon neutrality legislation should comply with the dual logic of carbon neutrality and the rule of law.On the one hand,carbon neutrality legislation must respect and respond to the natural attributes,technical paths and inherent laws in the process of carbon neutrality,and strengthen the interaction and integration of legal norms with inherent rules of carbon neutrality such as carbon neutrality technical norms and carbon trading market norms.On the other hand,carbon neutrality has an impact on the hierarchical division of power structure,the "divide-and-rule" supervision system,and the dual structure of "right and power".Therefore,carbon neutrality legislation must coordinate the interests of different entities,making a balance between the government and the market,domestic and international relations and other multiple values to promote legal innovation.Based on the "factual norm" logic of carbon neutrality,carbon neutrality requires systematic legislation.The systematization of carbon neutrality legislation includes the systematization of structure in the formal sense and the systematization of functions in the substantive sense.Systematization of structure refers to the construction of a complete legislative framework for carbon neutrality through legislative reform,abolition and release;systematization of functions is to allocate the legal functions of carbon neutrality and climate change to different laws and regulations based on "principles and rules",and connect them with the external laws involved.With this internal logic and systematic structure,carbon neutrality legislation can support the realization of carbon neutrality goals.

Key words: carbon neutrality, carbon emissions, climate change, legislative framework, legislative functions