关键词： 碳排放, 碳排放权交易, 惩罚标准, 责任风险预防, 重点排放企业, 违约成本

Abstract: After unifying the national carbon emissions trading market,China has formulated theInterim Regulations on the Administration of Carbon Emissions Trading (Draft for Soliciting Opinions).The provisions of punishment rules and legal liability are to prevent and regulate the risk of emission control enterprises refusing to comply with the agreed carbon emission reduction targets due to their subjective will.However,the current penalty design is too general in the provisions of the penalty limit,and there is still room for improvement in weighing the relationship among the legal punishment standard,the cost of breach of contract and the prevention level of performance risk.At the same time,in the initial stage of the operation of the national carbon market,the effective incentive mechanism can form a synergistic effect with the appropriate penalty rules,but it is not reflected in the existing system.In the regulation path of the performance risk,the punishment for the corporate responsibility of controlling the platoon should make clear the exercise scale of the discretion of the law enforcement subject,and theoretically prove the limit of the amount of the double fine as the recovery of the illegal benefits.In the design of the implementation rules,the ladder penalty standard and the overdue penalty rule are introduced to effectively regulate the performance risk of the key emission enterprises in the process of carbon emissions trading.We will speed up the promulgation of the Regulations on the Management of Carbon Emissions Trading in China.

Key words: carbon emissions, carbon emissions trading, punishment standard, liability risk prevention, key emission enterprises, default cost