Research On The Legal Protection Of Financial Support To Low-carbon Econcomv

With the more serious effects for global climate change, the international community has reached some common understandings on global action to cut carbon emissions.Great effort must be made to press ahead with economic restructuring so as to bring about a global transition to low-carbon economy. China,the world’s second largest emitter of greenhouse gases, is in a period of economic transformation restructuring,needs to develop low-carbon economy. And low-carbon economy development needs the support of financial capital.Low-carbon finance is a basic means to an end:the growth of low-carbon economy.So,in China it has great practical significance to research on the legal protection of financial support to low-carbon econcomy.Low-carbon finance,known colloquially as carbon finance,is the latest formulation of modern finance extending from environmental finance that is applied in low-carbon economic field.Carbon finance refers to all financial activities and policies that are used for low-carbon econcomic development and cutting warming pollution.The lag in carbon financial legal system building badly hampers the development of carbon trade in china so far.Therefor, pressing ahead with the legal system building in the low-carbon finance fields and finishing the design of proper legal institutionson the basis of introducing the exprience abroad and combining our actual situation,is now at the top of the agenda in China.Nowadays,commercial banks and climate exchanges represent the two major institutions in Chinese banking world:traditional enterpr-ises and rising enterprises, In view of these facts,the research focuses on the above institutions as the examples of the legal prot-ection of carbon finance.This paper discusses the flaws of system design of Chinese present legal guarantee system of carbon finance and raises some countermeasures of normalizing the legal system.In order to accelerating legislation on financial support to low-carbon eco-ncomy,and fulfill the ambitious objectives of economic transiti-on.This thesis is composed of five parts:the first part simply introduces research background and significance,then reviews these search of low-carbon economy,Environmenstal Finance.carbon finance and other aspects of the study,and analyses ideas of this paper; The second part summarizes relevant carbon finance theory in two aspects:the first aspect expatiates the definition, thoretical basis, scope, char-acteristics of the corporation’s (esp.financial institutions’s) environmental social responsibility against the background of low-carbon economy.And this part also introduces the value of financial institutions’s environmental social responsibility from the view of jurispudence and economic law,then expatiates that it is justifiale to realize the corporation’s environmental social responsibility by means of law.The other aspect, base on reviewing the cause of carbon finance(include greenhouse gas emission trading system),is focused on its connotation and extension;The third and fourth portions analyses and draw lessons from the typical experience of domestic and foreign legal protection of carbon finance in judicial practice.and finds the problems which exist in China.On basis of the previous analysis, the last part advances approaches to implement for perfecting Chinese legal protection of financial support to low-carbon econcomy from three major aspects,such as the choices of legislation,basic principles and system,and fundamental content.Discussion of this paper will further enrich and develop the theory of the legal protection of low-carbon finance,standardize the carbon finance market and accelerate the sustainable development.This research is a perfection and supplement to legislation concerning low-carbon finance,and to create a legal framework covering all its aspects,which filled up national nothingness.Based on explaining carbon finance theory, it focuses on working out an analysis of the inherent logic of this theory. And this paper also analyses the status and developing trends of low-carbon financial legal system at home and abroad at present from law norms and demonstration.On this basis,the thesis generally studys the problems of our carbon financial legal protection and puts forward corresponding suggestions,to provide a reference for low-carbon financial legislation.