The Establishment Of Legal Mechanism In Coping With Climate Change

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 threat human sustainable development. The international community have made drawn-out negotiations, established some related conventions and protocols to respond to protect the climate system. Developed countries and developing countries have different views on the emissions reduction responsibility and goals, but every country has an unshirkable responsibility in dealing with global climate change. What is undeniable is that the developed countries go farther than the developing countries on establishing climate change domestic law mechanism. Based on persisting in common but differentiated responsibilities, principle, China should study the European Union, the United States, Japan and other developed countries' good climate change legal mechanism, to establish its own legal framework and specific system, to guide and regulate the behavior of citizens and enterprises.The warming climate science is controversial in the academia. In the first part of the article, by researching the IPCC report, the independent commission survey report and other authority files. The paper concludes that climate change and global warming is scientific.In the second part of the article, the paper specifies the status quo of the legal system and national policy against climate change in China, and finds the characteristics and deficiency in coping with climate change. Then the paper analyses the concrete legislation system of climate change. In the end, the basic theories of the legal system in coping with climate change, including the theories of bionomics, environmental economics and law.In the third part, the paper reviews the international legislations and the relevant legislations abroad for the community climate change.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 final part which is most important raises suggestions for consummating the legal system of climate change in China. Firstly, this article establishes the legislation frame in coping with climate change, including a basic law, some law to slow down the climate change, and some law to adapt to climate change. Secondly, this paper puts forward the instructive spirits and basic principles, according to its problems on the legal system of climate change. Thirdly, the article studies the legal mechanism in coping to climate change, from the static legislation and the operation of the law. Finally, this paper introduces several specific systems.