China Legal Problems Of The Development Of Low-carbon Economy

In recent years, with the continuous advance of the human process ofindustrialization,the burning of fossil energy needed by the industrial development,emit large amounts of mainly carbon dioxide greenhouse gas, on the one hand cause acertain degree of atmospheric pollution, on the other hand is more caused by globalclimate change. The World Meteorological Organization has repeatedly published the"WMO Greenhouse Gas Bulletin", impressively bundle of the data reveals the factthat the concentration of carbon dioxide, methane and other greenhouse gases in theatmosphere hit a record high. Organization of the United Nations FrameworkConvention on Climate since 1995 As of December 2011, has held the 17th Meetingof States Parties, the joint call of the world up to a low carbon economy, to develop aproactive response to climate change emission reduction program, moderate to slowdown the destruction of the human ecological environment, to save our commonliving environment. By political and economic interests, and many other factors, inDecember 2011, last held in Durban, South Africa, 17th Meeting of States Parties, thedelegates have not reached a unified consensus, but this meeting decided to set upworking groups and ad hoc working group of long-term cooperative action under theUnited Nations Framework Convention on Climate of the Kyoto Protocol, eventuallyreach the emissions reduction agreement one step closer to making the world distance.The development of low-carbon economy is a long way to go.As a developing country, economic development of china is still in the middle ofthe process of industrialization, still need to consume large amounts of fossil energy inorder to maintain the sustained and stable economic growth. Compared with theindustrialization of developed countries has been completed to achieve the quantitative targets for greenhouse gas emission reduction, obviously can not beachieved in a short time also unfair. Developing countries only, as far as possible toensure economic development while improving energy efficiency, reduce greenhousegas emissions, mitigation of environmental pollution, and can not be completed inaccordance with the developed countries to reduce emissions will simply absolutereduction in emissions. Therefore, in recent years, China's actual economicdevelopment, proposed the development of fusion of the "green economy" oflow-carbon economy, recycling economy and ecological economy, energy saving andemission reduction as the core emphasis on low power, low emissions, low pollution,this is also a low carbon economy at this stage can be realized in our country the mostpractical approach to development.Based on understanding of the above background,the paper from the perspectiveof law and economics, the use of the theory of economics, to study the legislation inthe field behavior of low-carbon economy and our existing laws and regulations. First,the cost - benefit analysis to explore the validity of the legislation, rely on control ofcosts and benefits of legislative activity, low-carbon economy legislation utilitymaximization. Depending on the legislative practice, come to our current field oflow-carbon economy-related laws and regulations, the presence of high compliancecosts, low law-abiding income, high illegal income, low-cost illegal unfavorablefactors affect the legal effectiveness. Should ensure a reasonable allocation of legalcosts, real-time monitoring of the legal costs and benefits of the changes in the valueof reasonable positioning and a clear division of quantifiable legal benefit assessmentindicators, the new laws and regulations established by the comprehensive assessmentof the legal effectiveness and legal efficiency of the two indicators and enhance thelegal effectiveness of the operation of low-carbon economy. Secondly, based onsupply and demand law,to explore the necessity and feasibility of low-carboneconomy legislation. Consumer's utility curve, analysis of legal requirements andlegal changes of the supply elasticity coefficientï¼›Cobweb model, analysis of legalsupply,the interaction between the legal needs and legal price fluctuations around the equilibrium. Drawn to establish a sound legal market, a very important point is todetermine the variety of legal factors in the effectiveness of the optimal state ofdynamic equilibrium model of development, a clear target to develop flexible legalrequirements and inflexible legal supply, so that the legal supply, the equilibrium priceand quantity of the actual legal requirements under the appropriate laws andregulations, to establish a legal demand led the legal market equilibrium, and ensurethe sustainable and stable development of the legal market. Again, combined withgame theory, Nash equilibrium, and other related theoretical study, obtained theenactment of law in the Context of Law and Economics analysis or improvement ofthe system, you can make full use of game theory analysis paradigm: (a) under thecurrent rule of law listed in the rational behavior of all possible strategies to choose;(b) the act of creation function; (c) Strike out which is not feasible decision-making;(d) derived the optimal rule of law. Thus, a better understanding of the legal system ofthe world in the field of low-carbon economy, to more accurately make optimallegislative decision-making in line with China's national conditions and practicalinterests.Of course, the world in the country have also introduced a number of bills andsupporting policies and measures to promote low-carbon economic development, andconstantly adjust the energy structure, and to step up environmental protection, toencourage the development and utilization of renewable energy and new energytechnologies and many other kind of practice, and have achieved certain results.China early in the Legislative should be combined with the actual development of thecountry's economic situation, to fully draw on the advanced legislative experience ofother countries, to ensure that science and operability of the relevant legislation of thelow-carbon economy.In summary, from the perspective of law and economics, combined witheconomic theory, and strive to target the relevant legislation in the field of low-carboneconomy in China, the principle and mode of formation of a complete understandingof, and proposed some possible suggestions. The study is rare in the current law and economics research areas and hope to be beneficial to China's development of thegreen economy legislation.