“双碳”背景下减污降碳协同治理的法治保障研究 ———结构功能主义的分析视角.

The carbon peak and neutrality have became an important goal of our economic development and social transformation. Meanwhile it also puts forward new requirements of our national governance system and governance capacity. Chinese ecological civilization construction has entered a critical period from quantity to quality change. The legal system for collaborative governance of pollution reduction and carbon reduction is an important measure to achieve carbon peak and carbon neutrality in China and also it is the core of promoting the modernization of national system and governance capacity. Considering the reality of China's current ecological environment and economic development, the generation of greenhouse gases and environmental pollutants has a certain homology. It is reasonable and scientific that "we take the realization of pollution reduction and carbon reduction as the overall focus". From the perspective of structural functionalism the legal protection of coordinated governance of pollution reduction and carbon reduction involves four dimensions: value concept legislation law implementation and multiple participation. This article focuses on the "dual carbon goals and the realistic state of Chinese collaborative governance of pollution reduction and carbon reduction. Meanwhile, the applicability of structural functionalism analysis method is fully analyzed in this research. Starting from the normative logic of law, this paper takes the structural functionalism analysis method as the approach and emphasizes the systematic idea. With the help of AGIL schema analysis. we comprehensively examine the problems such as the lack of architecture discrete functions and insufficient power in the collaborative governance of pollution and carbon reduction from the perspectives of vertical differentiation and horizontal exchange. And then this paper tries to integrate the separated social entities in the collaborative governance of pollution reduction and carbon reduction. On the basis of clear principles, we should establish a legal and policy system for coordinated governance of pollution reduction and carbon reductions perfect the law enforcement mechanism of combing hardness with softness: promote the grid based multi governance pattern. These are expected to provide legal guarantee for the realization of the synergy between pollution reduction and carbon reduction. Compared with previous studies, this article expands on the following three aspects. Firstly, the research focuses on the legal guarantee of the collaborative governance of pollution reduction and carbon reduction under the background of "dual carbon" goals. Based on the synergistic mechanism of pollution reduction and carbon reduction. it also pays attention to the trend of our economic development and environmental rule of law. Then, the structural integration of pollution reduction and carbon reduction can be used to optimize the corresponding system functions. Secondly, the research perspective is innovative. In this paper, the structural functionalism analysis method is used as an approach. Through AGIL schema analysis, we try to explore the concrete path to promoting the legalization of the collaborative governance of pollution and carbon reduction. Thirdly, the systematic thinking is emphasized. This paper abandons decomposition rationality and bases on systematic thinking. It emphasizes the consideration of "position-role", and then the paper systematically analyzes the structure and function of each element in the legal guarantee system of the collaborative governance. To some extent, the study of this paper responds to the national "dual carbon" goals and meets the need of the times of Chinese-style modernization construction; it provides a new view to solve the practical problems of collaborative governance of pollution reduction and carbon reduction and builds a systematic program of collaborative governance of pollution reduction and carbon reduction under the rule of law. This research has an important practical significance for realizing the "dual carbon" goals, and it also provides theoretical guidance for national governance system and governance capacity building. [ABSTRACT FROM AUTHOR]