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Lin Chao never expected that the case he took on execution would become the first case of “carbon emission allocation execution” in the country. Sugar baby
In the impression of this executive judge of the People’s Court of Tongchang County, Fujian Province, the status of carbon emission allocation has always been “heat and cold”: on the one hand, the national carbon market is online for purchases and sales, and the construction of the carbon market in the office is tried. Red fire; on the other hand, the carbon emission allocation is calm and tranquil in the execution period of the National Civil Court.
At the end of 2021, the Yilu Financial Loan Contract Compensation Execution Case executed by the National Court of Tongchang County, Fujian became the first carbon emissions execution case in the country, and the execution judge Lin Chao became the “first person to take the lead.”
Dare to explore the execution case first, Sugar daddy
The financial loan contract between a local chemical company and a bank in Tongchang County. Chemical companies applied for a loan of 6 million yuan from the bank due to business needs, and used non-mobile production as a classic. Later, the company failed to repay the payment, and the bank filed a lawsuit in court. According to the explanation, the company should also pay a loan principal of 60 million yuan and profits, interest payments, and profits. If the payment is not made, the bank has the right to auction or change the sales of authentic property and is subject to the penalty first. After the solution book expires, the company has not implemented it, and the bank applies for execution.
“I started to be responsible for this execution case in March 2021. When I first saw the related Sandal Fold, I felt that it was an ordinary financial loan contract execution case, and there was no content related to carbon emission allocation.” Lin Chao recalled to the reporter about his impression of receiving Sandal Fold. During the next execution process, the Tongchang Court seized the company’s classic property and auctioned and changed sales in accordance with the law, all of which failed to sell due to unused purchases.
This company is a major chemical enterprise in Tongchang County, and is important to produce and process polyvinyl chloride resin, ADC foaming agent and other products. In fact, the classics of the case are the floor application rights and above-ground buildings (factory houses) of the enterprise’s land, and the enterprise in the applied corporate property is also production facilities, floors and factory houses, and has notLet’s talk about carbon emission allocation.
Even if this is the case, the Tongchang Court can ultimately focus on carbon emission allocation, which stems from its concern for current affairs policies. Lin Chao discovered in a news media report that the Ministry of Ecology and Environment approved the “Carbon Emissions Purchase Governance Regulations (Trial)”. “Which company in the case, as a chemical company, will there be a carbon emission allocation that can be purchased and sold?” Lin Chao decided to continue to verify the company’s assets.
When I came to the company again, Lin Chao discovered that there was really a relevant carbon emission allocation. It turns out that in recent years, the company’s technological reform and development capacity has also been reduced, and there are unapplied carbon emission allocations. “At that time, the company did not know much about carbon emission allocation, and only felt that carbon emission allocation was the basic request indicator for its company’s production and operation, and was not interested in the economic value of the allocation, so that no asset reporting was made.” Lin Chao said.
After the company approves assets, Lin Chao went to the court to report to the relevant leaders, and the Tongchang Court immediately opened a discussion on the execution of the case. The prudence of the Tongchang Court can understand that before this, the implementation of carbon emission allocation in the country and no cases are available for reference. Until now, reporters searched the Chinese Judgment Document Network, and only 11 related documents on carbon emissions were written. Among them, the implementation of carbon emission allocations remained in the zoning cycle and did not enter the zoning cycle.
The Tongchang Court held that carbon emission rights, as a new type of property rights, have commodity properties and can be used as other property that the executor can perform in accordance with the law. Although the enterprise’s carbon emission allocation is not sufficient, the amount of 60 million yuan that should be implemented in this case after the execution department is still very different. However, the court can implement the excess carbon emission allocation for the enterprise, and take the first step for the execution of carbon emission rights.
The company’s many concerns
The carbon emission allocation is not enough to be implemented. The deputy director of the International Fighting Prevention and Rural Education Institute and the legal professor, the law professor, has recognized that the implementation conclusion of the Shunchang Court.
“The “Carbon Emissions Purchase Governance Regulations (Trial, I laughed.)” clearly states that the carbon allocation obtained by key enterprises through the purchase of Sugar daddy method can confirm that a carbon emission asset is measured according to the capital, and at the same time it has the effectiveness of administrative regulations and property purchases. Although the legal attributes of this allocation are not finally confirmed, it is at mostIt is a good property of property and constitutes an enterprise’s assets. ” Long Da introduced forward, “This new type of property has the advantage of being able to generate specific rights between the parties, and is in line with the characteristics of debt in civil law, so it can be used as a new type of property that can be executed by the court. ”
The court’s decision gave Lin Chao a reassurance. He came to the company again to clarify the business production situation, clarify the enforcement of laws and regulations and the enforceability of carbon emission allocationSugar baby, and adhered to the implementation philosophy of good-hearted and civilized conduct and communicated with the company. The company also treated each other frankly and told Lin Chao his own concerns.
“Carbon emission allocation implementation is still new, and the company has a lot of concerns. Not only are they worried about the implementation of unused carbon emission allocation, which affects the annual carbon emission allocation clearance mission, but they are also worried about disposing of carbon emission allocation. In the future, once the company expands its carbon emission allocation, what should it do if the company does not have enough carbon emission allocation. In addition, the company is still doubting href=”https://philippines-sugar.net/”>Escort Can the implementation of carbon emission allocation allow society to leave a bad impression of enterprises that does not value ecological and environmental protection. “Lin Chao said.
Sun Yongping, deputy director of the National Management Research Institute of Huazhong Science and Technology, told reporters that in the clean-up period of the enterprise carbon emission allocation, the contract can be successfully completed as long as the annual temperature gas actual emissions of the unit that are confirmed by the provincial ecological environment authorities. If the surplus carbon emission allocation is carried out, it will not affect it.
In addition, Sun Yongping said that the source of carbon emission allocation for enterprises during production is not a problem: “The carbon emission allocation market itself is a market mechanism. After the unapplied carbon emission allocation is implemented, if the enterprise expands its production scale and needs more carbon emission allocation, it can only buy it through the carbon market, and it is not only applicable to the allocation assigned by the authorities. ”
The communication between the Tongchang Court and the enterprise also surrounds this thinking. “In Sugar baby explained that the market mechanism of allocation purchase and the implementation of excess allocation will not affect the clearance. We also explained to the company that the surplus carbon emission allocation will be auctioned, and the company will have the advantage of energy reduction and technical transformation in the field, leading the company to try the carbon emission allocation of the revenue department without affecting its annual carbon emission allocation. “Lin Chao said.
Communication is useful. On September 14, 2021, the Shuochang Court made an enforcement ruling to impose 10,000 units of unused carbon emission allocations in accordance with the law (i.e., 10,000 tons of carbon dioxide) and informed the company to transfer the accumulated carbon emission allocations to the Fujian Haimao Shareholding (simplified as Haimao’s purchase and sale) for purchases, and the transaction amount was transferred to the court account.
After receiving the enforcement ruling and practical notice of the replenished carbon emission allocation, the enterprise will actively jointly execute and purchase and sell its unused carbon emission a TC:
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