中国地质大学学报(社会科学版）

全国碳交易市场建成并运行后，“履约”问题受到高度关注，但其法律内涵模糊。对此，应尊重“约”的基本词义，明确其为行政主体与碳排放单位签订的碳排放契约，并基于主体特征、目的指向及权利义务配置，证立其为行政契约。这一契约的缔结兼具行政性与合意性，以行政主体要约为主导，同时保障双方协商与选择空间；履行过程则强调双方主体权力（利）与责任（义务）的统一，行政主体享有检查与核查、单方变更解除及制裁等优益权，亦需履行指导与赔偿补偿等义务；碳排放单位负有接受监管等义务，同时享有碳排放权及损害赔偿请求权等权利。二者互为权力（利）义务主体，且违法责任与违约责任需相互补强。针对碳排放单位不“履约”的救济，应构建“双轨路径”：一方面，行政主体仍可启用法定规制手段，回归硬性制裁；另一方面，可提起“官告民”之诉，以实现诉权对等与权责平衡，最终促进“履约”过程的法治化，提升碳排放规制效能。

After the establishment and operation of the national carbon trading market, the issue of “performance of the contract” has received high attention. but its legal connotation remains ambiguous. To address this, it is necessary to respect the basic meaning of the word “contract” at first, clarifying that it is a carbon emission contract signed between administrative entities and carbon emission units. Based on the characteristics of the subjects, the purpose orientation, and the allocation of rights and obligations, it should be established as an administrative contract. The formation of the carbon emission contract is both administrative and consensual, with the administrative entity's offer as the dominant factor, while also ensuring the space for negotiation and choice between both parties. The performance process emphasizes the unity of power(benefit) and responsibility(obligation) of the two parties. The administrative entity enjoys superior rights such as inspection and verification, unilateral modification and termination, and sanctions, while also bearing obligations such as guidance and compensation. Carbon emission units have the obligation to accept supervision, and at the same time enjoy rights such as carbon emission rights and the right to claim damages. Both are the subjects of rights and obligations, and the liability for illegal acts and breach of contract need to complement each other. For the relief of carbon emission units' non-performance, a “dual-track path” should be constructed: on the one hand, administrative entities can reinitiate legal regulatory measures and return to hard sanctions; on the other hand, it should be allowed to file a “government against citizen” lawsuit to achieve equal litigation rights and balance of rights and responsibilities, promote the legalization of the performance process, and enhance the effectiveness of carbon emission regulation.