Research On Legal Institutions Of Climate Change

From 1980s,climate change has become not only an important environmental problem concerned by international community,but also an issue of sustainable development of human mankind.The climate change and the solutions to this problem have great influence to the ecological system and the life of every one.Climate change has drawn much attention worldwide,and gradually becomes a significant issue to be settled for human society.The characteristic of internationalization of climate change demands cooperation all over the world and the solutions of law.In the past,we always found our eyes on the study of basic things of international legal institution to the climate change,not on the analysis of it and find the flaws of it,and not proceed a contrastive analysis between it and economic international agreement,and not on the basis of international demonstrative analysis,connected with our country's factual circumstances,make a completely legal frame,realize reasonable comeback from "outer" to "inner".After all,not only the basic legal frame and principles for cooperation to climate change,but also the obligation of "green house emission" regulated in "Kyoto protocol",they are all stand just in the field of international law.But in the field of the "inner law",most country request constitute their own legal institution to climate change on the guide of "convention of climate change",from this way,the implementation of the convention can be really realized,not be a "mirage".To be a responsible developing country,Chinese government give a higher concern on the climate change,and specially institute an agency for coordinating climate change,and according to the request of the strategy of sustainable development,carrying out a series of policies and steps.Do lots of contributions for the "green house emission".To be a important obligation for implementing"Kyot protocol",in june,forth,2007,Chinese government formulated Chinese national plan to climate change,it explicated that Chinese government's concrete aim,basic principles,important fields and policies to climate change.Of course,in the side of the international adjoin and legal institution maturity,we also have much work to do.Because although in the first acceptance(2008-2012),we don't get the emission commission,but after that,on the international pressure and diplomatic pressure,may be we will be commit something,so we must do some preparations for it from every sides.This essays will ended with "transition period" consummated and "future period" designed,from inner to outer,from point to side,from near to far.Concretely saying,we are the one of countries with large populations,lower economic developments,worse climate,bad ecological circumstances,and easily impacted by the climate change.The problem of climate change,which connected with the benefits of peoples, developments of society,and our country's fundamental benefits.How to realize win-win between the environmental protection and economic development,we must think about it seriously.It not only needs us to do lots of connected inner legislation,but also need we constitute some specific institutions to realize the original intention of legislation,make a legal preparation for "future commission".Now,something we must to do is from the higher side of widely to fulfill the concept of scientific developments,constitute social harmonious society,and realize the sustainable developments,to know the importance and pressing of handling with climate change,and do something for it initiatively,in the end,on the guidance of the international legal frame and national policies,constitute a legal institution frame for our own.Apart from the introductory chapter and remaining chapter,this essay about 140 thousands words,including six chapters.Chapter?Introduction of basic issues of climate change.The first chapter of this essays, simply introduced some basic concept and the circumstances of background,analysis the origins of international legal institution,illustrated the aim of study and basis of the theory.Including the comprehension of the basic concept,the reason for climate change initiated widely concerned,and the necessity to legal institution to solve it.Chapter?The theoretic foundation of legal institutions of climate change.On the basis of the first chapter,in the second chapter the author putting out the cornerstone of the legal institution for the climate change.firstly,on the impact of the thought of sustainable developments,human have been gradually realized every sides of developments need to be sustained.Climate change will impact on the survival circumstances of every species, including human.Secondly,it explores the reason for why the basis of the legal institution exited,including two sides,economic foundation and legal philosophic foundation.In the economic basis,it will involve the connected study on the transactional right of Climate change and scarce energy sources,in the legal and philosophic basis,it will involve the principles of fairness?justice.At last,the author will explore the legal institution from international law,including international cooperation and development and human common properties.Some explorations on the specific institution will be said in the third chapter.Chapter?Analysis of outer system of legal institution of climate change.In the third chapter,the author will do a specific demonstrative analysis on the international legal institution.Included the explanation and self-examination of the international legal institution for the climate change.All of this will give prominence to the theory of "from outer to inner" .In a word,the theory of "from outer to inner" and it's tactics is brought out by lots of factors. First is the flaws of international legal institution for climate change,second is collision between WTO and climate change,third is the problem of how to transfer internal to inner and how to use it after transfer,last is experiences from the developed countries.All of these become the dynamic force to our country's legal construction.Chapter?The cause of "from outer system to inner rules".From the third to the forth chapter,we come into the "inner connection" for realizing this essay's nuclear aim,the analysis and construction of "inner",this chapter will including two section,the first section is the basic introduction for our country's own climate change legal system,the second is give a evaluation for the second section,and explain the flaws in it.Giving the reason why we must from "outer" to "inner",and analyze the real meaning of reason.The second section is the foreign experiences of "outer" to "inner".Chapter?Introduction and analysis of legal institution of climate change in China.In the fifth chapter,carrying on two section to introducing the situation of the legal institution of climate change.On the basis of it,the author analyze the succeeding experiences and defects of it,and put forward the necessary of construction of legal institution of climate change in our country.And on the basis of the necessary theory and practice,play a game of chess in five group which will be a basis of the start of the sixth chapter.Chapter?Future frame for legal institution of climate change in ChinaIn the sixth chapter,carrying on the forth chapter,including three section to rebuilding the future development direction for our country's climate legal system.The first section is the scheme for the international cooperation,the second is the scheme for our country's own climate legal system,two parts,"transitional period" and "future period",the third part is the scheme of combinations.In june,third,2007,"Chinese government's national plan for climate change "just comes out,I choose "the study of legal institution for climate change" for my doctoral essays.On the basis of the explanation of the climate legal system,thinking about our country's future cooperation direction for climate change,and putting forward the scheme for our country's connected legal system.I hope this essay will give some help for our country's climate legal system construction.