Study On Legislative Protection To Climate Resources In Our Country

Climate resources can meet demands of human towards materials and energy in process of production and life, and can form economic or ecological value through direct or indirect use of human, which is a certain precious natural resource and different from other natural resources, whose quantity and stock number are nonlinear. Weather condition with appropriate quantity is resource; while that with successive or too little quantity is disaster. Besides, climate resource is inclined to change fiercely under exterior interference. Optimal use of climate resource can create good social, economic and ecological results; otherwise, abuse of it would destroy the climate resource and cause climate disaster and economic losses. China is worthy of the name of great power of climate resource, exploitation and use of climate resource has an expected prospect. Because of fast economy development and short awareness of human towards climate resource, influences of abundant emission of greenhouse gases, pollution to atmospheric environment and abuse of climate resource towards climate resource have become increasingly visible. The climate resources are confronted with deterioration presently, which leads to cause misfortune and painful status quo. Human have been aware of importance to protect climate resource at present and take political and moral ways to adjust it. Protection of climate resource can be realized through this method, while legal method is the most effective way in reality.In this thesis, the author aims to put forward necessity of legislative protection to climate resources in our country started with problems in protect climate resources, superficially build basic framework of climate resource law so as to offer reference to related departments to formulate laws and regulations of climate resource protection, whose concrete contents take on as follows: The first part introduces basic theory of climate resources, including common concept and juridical concept, type and property. The second part comprehensively expounds that cause of climate resource protection is due to serous problems in the protection process and put up with ways of improving status quo including legislative restriction, policy leading and moral constraint etc, and emphasize that legislative protection is the best way to protect climate resources. In the third part, the author summarizes and analyzes related international treaty of protecting climate resources signed with our country presently, and domestic law and related laws and its existing problems. The current problems take on mainly as follows: Extension of climate resources concept has not been defined yet, uniline law of climate resources has not been formulated, administrative authority of climate resources has not been confirmed, and concrete system deficiency and related provision referring to climate resources has exceeded principles. The forth part is the major part, which mainly combines characteristics in our country, holds key construction points of Climatic Resource Law in our country from several main directions: Concept of climate resource, legal relation of climate resource, relation between climate resource and other related law, legislative principle of climate resource and basic system of climate resource law.