China Low-carbon Economy Legislation Discussed

As a new mode of economic development, the low-carbon economy has become a world trend. It produced in the background with the acceleratement of climate change, the aggravatement of energy crisis and the acceptance of the sustainable development. Every country all promotes and safeguards the development of low-carbon economy by means of a series of policies and laws. For these years, China has make sustaining efforts to develop the low-carbon economy, but there are still some shortcomings in the relevant legislation. At present, many scholars have gained great successes by researching the legislative problems of our low-carbon economy. It is significant for our country to structure the legislative system and build up the basic institution of law.This paper proposed that China should do some legislations to construct legal system of low carbon economy with Chinese characteristics and build up a set of matching law system during the process of our country's economic development through the introduction of the relevant theory on and the analysis about promoting the legislative practice of the domestic and international low carbon economy. This paper will probe from the following several parts.Firstly, probe on concept of a low carbon economy and analysis on the necessity of legislation of the low carbon economy in China. Analyzing the connotation, characteristics and properties of the low carbon economy is beneficial to the relevant legal system's construction. This paper thought that, a low carbon economy has some characteristics, including the "three low" character, environmental friendly character, technology progress character, the character of social participation and coordination of comprehensive benefit. What is more, a low carbon economy is a problem of technical innovation, is an economic problem, is a political problem, and finally should be a legal problems. In legislative necessity of a low carbon economy aspects, this paper argued that, legislation on a low carbon economy is a necessary tendency of economic development with the international community, is an essential condition to enhance the ability of dealing with climate change, is an actual need to improve people's legal consciousness of low carbon economy, is a legal safeguard to construct low carbon social, is an inevitable request to realize the sustainable development.Secondly, present situation and extant problems on China's low carbon economy legislation. This paper combed out the current legislation of low carbon economy in China, and classified in accordance with the "three low" characters. This paper found that there were still some shortcomings on laws, regulations and policy framework of low carbon economy, although our country had made many relevant policies and laws. These disadvantages mainly contained:legislative system to promote the low carbon economy is not perfect; legislative contents of low carbon economy is too stiff; there were still some vacant positions about legislation of energy resources.Thirdly, analysis on legislative practice of the foreign countries on promoting the low carbon economy and its enlightenment for China. This paper introduced the legislative practice of some developed countries which included the Great Britain, the United States, Japan, Germany and Italy and some developing countries containing India and Brazil. The writer thought that some legislative experiences from foreign countries are worth studying for China. For example, legislations of energy resource, finance and technology should be emphasized; market mechanism of new energy resource should be built up; protecting forest by laws and policies should be paid attention.Finally, suggestions on improving and perfecting legislation of low carbon economy in China. This paper set forth legislative idea, legislative principle and legislative mode of China's low carbon economy. Moreover, it also made the detailed discussion on a low carbon economy's legislative system and legal institution.During the process of low-carbon economy's development, technology is the leading and law is the guarantee. In china, it's so important to discuss the legislative problems of low-carbon economy. It has the reference value and significance for perfect of the related legislation in the future.