双阶理论视域下可再生能源绿色电力证书的法律属性研究

Research on the Legal Attributes of Green Power Certificates for Renewable Energy from the Perspective of Two-order Theory

  • 摘要: 借用德国的双阶理论对绿证进行双阶构造,绿证的全生命周期管理可以划分为两个截然不同的法律关系,第一阶段的建档立卡和核发具有行政许可、行政确认的公法属性,第二阶段的绿证交易和核销则体现为以私法调整为主、公权力融入的属性,两阶段划分的时间节点在于绿证的核发完成。绿证的双阶构造有其特殊之处,主要体现在在第二阶段具有公权力介入,主要表现在:一方面绿证交易阶段在规则制定、市场监管等有大量公权力的介入,另一方面,绿证核销阶段融入政确认行为,从而将绿证的双阶构造的第二阶段修正为“民事合同+行政行为”的模式。通过分析绿证市场公权力介入的正当性、合法性和介入限度,提出相关完善建议。

     

    Abstract: By borrowing the two-stage theory from Germany to construct green certificates in a two-stage manner, the full life cycle management of green certificates can be divided into two distinct legal relationships. The first stage, which involves the establishment of files and issuance, has the public law attributes of administrative licensing and administrative confirmation. The second stage, which involves the trading and write-off of green certificates, is characterized by private law adjustment and the integration of public power. The time point for the two-stage division lies in the completion of the green certificate issuance. The two-stage structure of green certificates has its unique features, mainly reflected in the intervention of public power in the second stage. This is mainly manifested in the following aspects: on the one hand, there is a large amount of public power intervention in the rule formulation and market supervision of the green certificate trading stage; on the other hand, the green certificate write-off stage integrates the act of government confirmation, thereby modifying the second stage of the two-stage structure of green certificates to the model of "civil contract administrative act". By analyzing the legitimacy, legality and intervention limit of public power in the green certificate market, relevant improvement suggestions are put forward.

     

/

返回文章
返回