The Research On Response Of Climate Change Legislation

Since the late 20th century, 80 years, global climate change has become an important international environmental issues of common concern, but also whether the evolution of the sustainable development of human survival.Climate change is not just scientific issues, technology issues, is also the economic, social, political, diplomatic and national security issues are very complicated, so the governments of climate change has become the major issues of common concern, which requires the construction of the law will be coping mechanisms Essentia. Therefore, in order to effectively address climate change, promote international cooperation, the international community has signed the "United Nations Framework Convention on Climate Change","Kyoto Protocol " and a series of international instruments for the global sharing of limited resources in the legal aspects of climate should be prepared to provide good A legal basis.Held in Copenhagen in 2009, "United Nations Framework Convention on Climate Change, " 15th meeting of the Parties, held in Cancun, Mexico in 2010 the "United Nations Framework Convention on Climate Change, " 16th Meeting of the Parties, in 2011, will be held in Durban, South Africa "United Nations Framework Convention on Climate Change, " 17th Meeting of the Parties to discuss the "Kyoto Protocol" a commitment to follow-up program due to future global action on climate change to sign a new agreement. In order to effectively address climate change, promote international cooperation, the international community has adopted the "United Nations Framework Convention on Climate Change","Kyoto Protocol " and a series of international documents, initially formed to address climate change the international legal regime system, and many developed The state has also developed their own situation corresponding legal response.Currently, many countries have formed national context of climate change law, freedom of frameworks, such as the United States in 2007 "Climate Security Act ", 2008, the British "climate change bill" and the 1998 Japan "to promote global warming countermeasures"and other That the international community has begun to strengthen climate change legislation. And other countries, China's climate and environment have been major changes and will continue to climate change to China's economic and social development of the very serious real threat, this threat will continue and continue to intensify. China on June 4, 2007 issued the "China National Climate Change Programme ", in October 2008 introduced the "China National Climate Change Policy and Action " white paper "China National Climate Change Programme, "the further implementation of the program. However, in some aspects of the operation the provisions of the policy is still relatively rough, there is no corresponding legal protection of local production in the future global climate resources, limited capacity to share the premise of how to do from a legal aspect related to response preparation, needs further study.China's relevant to climate change in the legal system is still in the primitive stage, the Legislative Building to address climate change issues highlighted, such as the lack of relevant laws and policies, the absence of climate change regulation and control departments, and the failure of climate control and other risk functions, which are necessary for us to build climate change Legislation is to be focused. This paper aims to build climate change on the basis of theory and abroad to address climate change in China's existing laws, regulations, policy analysis, trying to build with Chinese characteristics, climate change law. This will help deepen our understanding of the underlying causes of the climate crisis, to Support for China to follow a low-carbon sustainable development for our country and improve the relevant legislation and provide a useful reference for system construction.In this thesis, the background of global warming, according to legal theory analysis to other countries to address climate change legislation is analyzed, and combined with our existing policies and regulations to address climate change in the law to liability allocation mechanism as a starting point to explore the building China's response to climate change legislation. The following major elements:The first part is climate change and climate change legislation. Were introduced legislation on climate change and climate change, the concept of the significance of climate change legislation and climate change legislation in the necessity and feasibility.The second part is climate justice: the core concerns of climate change legislation. From the theoretical basis of climate justice, law and other aspects of basic and fundamental principles expounded in focus from inter-generational equity and common but differentiated responsibility principle to the discussion. The third part is the development of climate change and international legislation. Describes the international context of climate change legislation and foreign climate change legislation, focusing on the United Kingdom, the United States and Japan on climate change legislation, by comparison, for our legislation to address climate change, providing Experience.The fourth part is the response of China's climate change legislation. Introduces the development of climate change in China and how France and Germany need to develop climate change law; China to address climate change legislation and the legal and policy system of basic concepts and assessment; China's response to the idea of climate change legislation, climate change and climate management system set Changes in law accountability mechanisms setThe fifth part is the conclusion. Of climate change to strengthen the process of building the rule of law, should be based on economic and social development of the actual situation, in-depth research from international community to develop special laws to address climate change in the experience of developing socialism with Chinese characteristics of special legislation to address climate change And supporting the existing legislation for the content, the Chinese build a sound legal system to address climate change.