Study On Energy Law-making Related To Climate Change

Climate change is a common challenge confronting humankind which needs international society to deal with hand in hand. China, as a country with great amounts of green house gas emission, is definitely to choose a new, inclusive and sustainable path on social development in the process of industrialization, which is pushed by external forces of the international society on carbon emission reduction or meet the internal requirements of the national economic development. The energy activities in the human society is the most probable reason for the climate change, so we need to establish an energy legal institutional system on climate change to guide or regulate the behavior of exploitation in the energy fields, which will be conducive to promote the ecological revolution in the energy law system and realize the low carbon economy.In this paper, I firstly explain the relationship between the energy development and climate change in order to put forward an argument that there are necessities and significance in energy law-making to provide legal protection for the China's measures to deal with the climate change. Secondly, on the basic of the international legal status quo and development trend, I make great emphasis on the establishment of China's energy legal institutional system centered on the energy law which is being making now, which proceed from the China's present legal system and social practice in the energy fields:By means of rational foundation, institutional structure, functional setting, substance arrangement which are specifically demonstrated in the energy basic law aimed to connect with the internal legal institutional system such as coal law, electric power law, energy-saving law, renewable energy law, the external legal institutional system such as the Constitution, other basic laws, environmental protection law, natural resources law, circular economic law and the international treaties such as United Nations Framework Convention on Climate Change and Kyoto Protocol, all of which are in the purpose of the establishment of an unified China's energy legal institutional system on climate change to gear with the basic national conditions and meet the development requirements.