China's Clean Development Mechanism Of The Legislative Research

To alleviate the global climate changes which have been accumulated by the greenhouse gas, in 1992 United Nations Framework Convention on Climate Change (United Nations Framework Conventions on Climate Change) which could reduce the greenhouse gas emissions and restrict the global climate change, proposed the recapitulative legal provision, but it has not had the substantive binding force stipulation to various contracting parties. To carry out "Joint pledge" as soon as possible about reducing greenhouse gas emissions and the related contents of restricting climatic changes, in line with the principle of"a joint responsibility but also a different responsibility", the joint pledge contracting party approved "the Kyoto Protocol". According to the primary coverage of the 12th stipulation which prescribes the CDM (Clean Development Mechanism) of "the Kyoto Protocol": after voluntary negotiation, the joint pledge appendix countries (37 European countries, in addition to Morocco and Liechtenstein) provide the fund or the technology to the joint pledge non-appendix countries (developing countries such as China) to help them to realize the extra reduced emissions of the carbon dioxide. The quantity therefore obtained by the reduced carbon dioxide named"Certified Emission Reduction"(Emission Reduction, CER), will use in assisting the joint pledge appendix countries to fulfill the obligation prescribed by the 3rd stipulation of "the Kyoto Protocol", and the joint pledge non-appendix countries may also draw funds or the technology from the joint pledge appendix countries for their sustainable developments.The clean development mechanism is a double-edged sword and there are opportunities and challenges coexisting to our country. On the one hand, this mechanism causes the environmental obligations burdened by the greenhouse gas emissions enterprises in our country to transform as financing or the transaction product, during improvement of climatic environment, it also has provided the unprecedented opportunity for the attraction of foreign capital and the acceleration of economic development. And on the other, it is also possible to attack the official assistance of developed country to our country, limit the long-term development of the energy industry in our country; The venomous competition between developing countries will make our country's international relations worsening; The developed countries also may seize the chance to transfer the high consumption, the high emissions enterprise to our country and it will not favor our country's environment improvement and so on. Based on this, to reduce its adverse effects, to avoid the harmful impacts to our country environment improvement, we have the necessity to have the even more thorough understanding in law to it to promote it to display more vital role in our country environment improvement and the sustainable development processes.This article divides into fifth parts to carry on the elaborationThe first part is elaborating the present situations and the research values of this proposition's research and simply introducing this article's innovation and the used elaboration methods.The second part is mainly elaborating the basic problems such as the backgrounds .the operational rules and the being value of the clean development mechanism. The proposal's establishment to perfection of the clean development mechanism is a historical process and also the process which the interests of all quarters of international society continuously coordinate. The clean development mechanism is an international reducing mechanism and because the main bodies it involve are quite complex, the contents are quite widespread, the operational mechanism is also relatively numerous and diverse. On the base of the elaborations to the clean development mechanism, this article carry on brief elaborations to the risks existing in its movement. The summary of the being risks is one of this article innovations. There are risks existing in the clean development mechanism movement, but it has played a very important role for the developed countries as well as the developing countries.The third part is the legislative present situations and the flaws of the clean development mechanism. At present, our country does not have the special legislation of the clean development mechanism and merely has a administrative regulation jointly published by various ministries. Its legislative level needs further enhancement. On the base of the detailed analysis of the legislative present situations of the clean development mechanism, is not difficult to discover that there are deficiencies at present in the legislative level, the legislative contents and so on. These hinder the projects of our country's clean development from widely developing.The fourth part is the legislative conception of the clean development mechanism. This part makes a careful examining again from the legislative angle to the clean development mechanism and proposes the brand-new legislative construction in view of the insufficiency of present legislation and also makes elaborations from the legislative guiding principles, the legislative contents and the legislative environments. This part is another innovation of this article.The fifth part is a conclusion. On the full summary of the text, the author considers there are many problems existing in the legislation of the clean development mechanism. In order to put it into full play, it is necessary to alter the present legislation. These part ales make a conclusion of limitations in this article.