Analysis About China’s Exploitation And Protection Legislation Of Climate Resources

Today, most of the resources consumed by people around the world areunrecyclable resources. Among which, the mineral resources, which are accumulatedthrough thousands of millions of years, are gradually and inevitably going to itsextinction due to human beings’exploitation and overuse. However, people’s futuredemonds for energe will never disappear but expand all the time, so people are nowtrying to find alternative energe resources in case of that day’s coming. Under thiscircumstances, climate resources, as a kind of natural resources without any pollutionto the environment, is a very ideal choice in the future. For a very long period, theexploitation of and protection legislation about climate resources haven’t drawnenough attention from the legal world in our country, until the enforcement of the firstlocal regulation concerning this area—“Regulation for the Exploration and Protectionof Climate Resources of Heilongjiang Province”, which has attracted much attentionfrom the society. So to regulate the exploitation and protection of climate resourceswith legal means, and to form a legal framework for the exploitation and protection ofclimate resources in China, which should guided by special regulatory laws andsupported with a series of laws and regulations, are becoming an emergency. Thisarticle, with references the writer got from the jurisprudence, environmentalprotection science, natural resources law, climate science, natural resources science,and with respect for the attribute of climate resources, has stated the necessity and possibility of adhering more importance to the exploitation and protection legislationof climate resources. By using the research methods of value analysis, history analysis,comparison analysis and economy analysis, the writer has superficailly givenexploring and analysis for the law framework of the exploitation and protection ofclimate resources, with the hope that this article could make senses for China’s relatedlegislation department.The first chapter of this article gives a general statement about the definition,category and attribute of climate resources, and places much importance on theunderstanding of the attribute of climate resources have to the establishment of lawframework and the entrance to legal regulation area of the climate resources. Climateresources not only has the characters that all natural resources have, such as beingnature, social and of value, but also has its own special characters and possesses allthe key factors of being “Property”, which could enable it to be an object of its juristicrelationship. And this part also form a fundation for future research about climateresources legislation by drawing an over-all picture about the characteristics ofChina’s climate resources.The second chapter of this article states the necessity and feasibility of enhancingthe exploitation and protection legislation of climate resources. In this part muchanalysis about China’s current situation and the problems in the exploitation andprotection legislation of climate resources has been made, in order to show thewriter’s opinion that it can not be delayed anymore to establish the law frameworkof the exploitation and protection of climate resources in our country.The third chapter of this article is the main body. Fisrt, it states, from theperspective of external form, that the exploitation and protection laws of climateresources should be included in the scope of law of natural resources or ecologicallaw which might emerge in the future, and brings out the legislative concept ofsocialization and being ecological from the perspective of internal form. Afteranalysing further into those meaningful exploration in the area of special legislationby our country’s meteorological department, it states the writer’s thought andsuggestion for the establishment of the law framework for the exploitation and protection of climate resources. Finally, it gives detailed elaboration for different setof law systems, such as ownership system, circulation system, administrativeregulation system and legal responsibility system.