Study On The Legal System In Coping With Climate Change

Since industrial revolution, while consuming energy in a large amount for promoting economic growth and prospering the society, human society beget the climate change problem too. Climate change has already become the focus that international community has paid close attention to as a global environmental problem. The adverse effects that climate change brings have already threaten human existence and development. Climate change is not only an environmental problem, but also an energy problem,economic problem and political issue. For the moment CO2 emission of our country is only second to the U.S.A. in the world, it is now great pressure and urgence for China to reduce the greenhouse gas. During the following dozens of years, the climate change problem will bring a lot of challenges, pressures, at the same time, opportunities as well to our country. Therefore, from the perspective of economic promotion, sustainable development of society and enviornment, this thesis mainly studies the Framework Convention on Climate Change (UNFCCC) and other international legal documents derived from UNFCCC. At the same time, the paper also analyses relevant climate change policies and legislations of foreign countries, it is a remarkable question for discussion both in theory and practice for further survey, assessing, and prospecting the legal system in coping with climate change. The text is mainly consisting of four parts.The first part of the paper composes a general analysis for the climate change and measures for it. First of all, it defines briefly the climate change, then analyses the reasons that the climate change occurs and the necessity of taking measures against climate change, of which the paper points out the significance for perfecting the legal system. In the end, it introduces the basic theories of the legal system in coping with climate change, including the theories of bionomics, environmental economics and law.In the second part, the paper reviews the international legislations and the relevant legislations abroad for the community climate change. For one thing, it starts with the main international legislations involving United Nations Framework Convention on Climate Change, Kyoto Protocol and Bali Agreement, analyzing the trends of development of international climate change laws. Then it concludes with the position and the relevant legislations of America, Japan and European Union in coping with climate change, moreover, it analyzes the revelations of them. The third part specifies the status quo of the legal system against climate change in China. It primarily introduces the standpoint of coping with climate change and the progress of convention performing in China, then it analyses the concrete legislation system of climate change. In the end, it indicates problems China confronts with at the legislation. Through those question, a preparation is made ahead for the final part.The final part raises suggestions for consummating the legal system of climate change in China. On the basis of combing foreign advanced experiences and the fundamental realities of China, this paper firstly puts forward the instructive spirits and basic principles, according to its problems on the legal system of climate change. Finally, it consummates the main contents of China's legal system of climate change, including the relevant legislations, legislation system, energy management system, liability system, etc. These suggestions attempt to make a contribution for the legal system of climate change for our country.