Environmental Law To Address Climate Change

Nowadays, climatic change is the most serious global environment problems for the human society which have a great effect on natural ecosystems human living environment as well as economic and social life. Therefore, it is one of the most important global problems. The global character of the climatic change's question had decided that the climatic change depend on various countries', various domains coordination and the mechanism's construction response by international domestic law. This article has carried a discussion start with the perspective of environmental law that correspondence to the environment law question of climatic change.First of all, this article has combed the concept of the climatic change and the three arguments of its effects on global climatic change, has analyzed the essence which the climatic change negotiations achieve with difficulty. The climatic change has brought the unprecedented disaster to human and other living thing on the earth, according to the newest appraisal of IPCC, its primary reason is due to human behavior. The international society gradually pay attention to this question, and has carried on the long negotiations. So, the process of negotiation for climatic change twists and turns in trouble, because it is difficult to balance the interests of a number of countries.Secondly, this article has analyzed the international environment law development process history and the present situation in replying the climate change, as well as our country deals with the climatic change in the environment law development process history and the present situation; There are two main international law documents to deals with the climatic change, one isand the other is the . The first conference of the parties held a total of 13 times, these 13 conferences have the achievement also to have the setback, anyway, international society to climatic change progress have a certain positive role. Although "the Kyoto Protocol" had not stipulated a row of duty that the concrete greenhouse gas reduces for our country, our country has made a great progress on the legal regime construction of the solution energy question, which is a huge contribution to slow down the climatic change. More than 10 years, the legal subject for our country response to climatic change, is the energy law, which is same as the demand of the climatic change frame convention of the United Nations and the trend of foreign countries'law response to the climatic change. As a responsible developing country, the Chinese government formulated the "China Agenda 21 - China's 21st Century Population, Environment and Development White Paper" in the lead since the 1992 United Nations Conference on Environment and Development, and formulated "China To deal with Climatic change Program, country" specially to response to the climatic change question in 2007 June, and formulated "China To deal with Climatic change Policy And Motion" which elaborated the policies and efforts as well as the position to cope with climate change.Then this article discussed deeply that the environment legislation question and the countermeasure for coping with climatic change in China, analyzed the new situation in the environment law as well as the new problems of China existed in the climatic change, and has analyzed the legal measure and enlightenment to our country how to deal with the climatic change in developed country and local such as Japan, the US and European Union as well as the developing country such as Mexico, Brazil and India.Finally, propose countermeasures to address climatic change in China: Stressed that the climatic change but has the difference responsibility and the climatic change in history aggregate liability together; Strengthens the national law the transformation, the promotion of the law and the policy level to deal with the climatic change; Strengthens the foresightedness and the feasibility on legal and policy; Strengthens coordination between the organization overall plan; emphasis on scientific research and scientific support for the study of environmental law; to promote public participation.The innovation of the thesis is that it has combed the process of the environment law's development with the perspective of environmental law, analysis drawn the legal countermeasure of major countries and regions to address climatic change, then the countermeasure has carried on the discussion which dealt with the climatic change to our country in the environment legislation question. At last, the paper appealed that establish perfect the environment legal framework and the institutional framework to dealt with the climatic change in China, which it can provide theoretical support and practical reference on the environment legislation and the environment legal regime design for coping with climatic change.