Study On Legislation Of Low-carbon Economy

The threat of greenhouse effect, which is caused by change of the global climate, on global economy and security forces many countries to choose the low-carbon economic development model with low carbon dioxide emission, low energy and resource consumption and low pollution. Essentially low-carbon economy is to reduce greenhouse gas emission by slowing down and adapting to the climate change, in order to promote the sustainable, healthy and stable economic growth, to realize the harmony of economic development and environmental and social effect. The Copenhagen Climate Conference makes the climate issue the focus of attention. Developed countries coped with the climate change caused by development of modern industry at the nation level.China is a major emitter of greenhouse gas in the world, gradually reducing emission and developing low-carbon economy is the inevitable choice. From the theory and practice development of the low-carbon economy of developed countries, practice and laws related to low-carbon economy of our country is still in exploration. However, considering the common features of low-carbon economy, i.e. market regulation fails easily and negative externalities comes out easily under government regulation, legislation of low-carbon economy shall be improved while propelling the development of low-carbon economy, to restrain the negative effect of market failure and negative externalities on developing such economy.This paper puts forward that our country shall construct the law system of low-carbon economy and make related laws during the economic development of our country, by defining the intension of low-carbon economy, analyzing international society's measures to reply to global climate change, and contrasting the legislations of developed countries, which develop their low-carbon economy under the change of global climate. This paper discusses it in the following parts.Part One makes the analysis on basic theory of low-carbon economy legislation. As for low-carbon economy, realization of the society-based value relies on the establishment and development of low-carbon economy law system. Anatomizing the intension of low-carbon economy, to make clear the similarities and differences between low-carbon economy and circular economy helps to avoid the misunderstanding of them, to well promote their harmonious development, to realize sustainable development of both economy and society, and it is in favor of the construction of related law system. Meanwhile, common features of low-carbon economy make the government more urgent to regulate the economy, and externally corresponding laws and regulations of low-carbon economy shall be formulated, in order to eliminate, restrain or reduce negative effects of externalities. This part discusses the theoretical foundation of improving low-carbon economy legislation of our country from the perspective of government intervention economy.Part Two introduces the international conventions on regulating and restricting change of global climate and legislation of different countries by empirical analysis. It points out the inspiring effect and reference significance of the international legislation practice on our low-carbon economy legislation.Part Three sets forth the legislation status quo of the low-carbon enonomy development of our country. In the face of the world low-carbon development, our government points out the significant position of the low-carbon economy in the national development strategy, and also the obligation taken during the promotion of the low-carbon economy development. By analyzing the problems in the legislation of low-carbon economy of our country, this part shows that in the future national legislation we shall take western developed countries'legislation experience, and make laws and regulations on low-carbon economy according to our actual conditions, to construct related law system.Part Four makes suggestions for the law system construction of low-carbon economy from the perspetive of legislation, takes other's for reference and considers out actual situation, takes proper legislation model, timely makes laws such as Law on Promotion of Low-carbon Economy, and discusses for emphasis systems of carbon tax, emission right trading, carbon finance, etc. It proposes the idea of constructing the system to promote low-carbon development of the economy by taking western countries' experience for reference and considering our actual situation. Improve the current laws and regulations, bring the development of low-carbon economy to the legal track by legislation, and construct proper law system related to low-carbon economy.