| Atmospheric science findings suggest that carbon dioxide is the main green housegas(GHG).In recent years, the emission of high carbon dioxide heats up the atmosphere,accelerates the melting of glaciers and polar ice, which leads to the energy crisis. So developinglow carbon economy is the reasonable option which is chosen by china to deal with the changeof global warming potential and energy crisis. Believe that the low-carbon economy can be animportant policy which can bring benefits to our posterity if our country can catch the substantialchance combining scientific thought of sustainable developments, making good use of itsadvantages by means of the constraint our government and system.The low-carbon economy is a new economic model which refers to economic model basedon the low power consumption, low pollution, low emission. The aim of low-carbon economy isto find an environment of economic growth and resource coordination of development. The pathof legal regulation plays an important role in the development of low–carbon economy. To reachthe goal of the path of legal regulation, on one hand,we should understand the concept of legalregulation of low–carbon economy and follow the rule of environment law, such as,the conceptof sustainable development,the concept of environment equality and the concept ofenvironmental capacity. On the other hand, we should assure the limitations of the legalregulation of low–carbon economy in overcoming the development of high carbon economyand the important value of deeping the effect of circular economy and compensating for marketfails and government failure. Therefore, some consensus are arrived at as follows:Low–carbon economy is the inherent demands of Chinese government in order to satisfyChinese people; Legal regulation should be strengthened while propelling the development oflow–carbon economy,so as to improve the targets of constrained standards, decrease thetraditional fuel consumption, increase energy efficiency, make use of renewable resources andreduce the emission of Carbon dioxide; The development of low carbon economy can not onlyrely on single market rule and government must shoulder some responsibility for the occurrenceo f market failure. We should connect them with each other. From the developing status of legal regulation of extraterritorial low–carbon economy, Wecan see the results brought by the low carbon legal practices including important internationalconventions, for example:United Nations Framework Convention on Climate Change, Kyoto Protocol. And includingimportant agreements which are adopted at the meeting of the international climate negotiations.such as “Bali Roadmapâ€,“Cancun Agreement†and so on. Also including legal practices whichare taken in Europe, North American, Asia, Oceania. Different countries have their owncharacteristics. By analyzing the status in the legal regulation of extraterritorial low–carbon, weconclude that their common point is to adapt to global warming and protect global energysecurity. Significant momentum has been generated through strengthening nationwideprescriptions. It also can support some important suggests for china.Although low–carbon economy can control the global temperature rise of two degreecentigrade. The low–carbon economy just begins, so there is still a long way to develop it and itwill overcome many obstacles. China, as the biggest developing country in the world, has beendeveloping the low-carbon economy vigorously for the protection of the world environment andsustainable development for itself. However, there was a lack of legal regulations to guaranteethe development of low-carbon economy. What′s more, the current rapid economic developmentin China is the consumption of large amounts of energy, destroying the environment. China shallimprove the low-carbon economy legislation to use the experiences from the USA, Japan, UKand other developed countries for reference. Enact and develop energy law and the change ofclimate law,and bring up solutions, for the development of low carbon economy provide explicitguidance and norms.Facing many problems such as energy, environment, the change of climate and enormousinternational emission pressure, Chinese government should take their experience, enact anddevelop energy law and the change of climate law. Actively improve the development of lowcarbon economy. China has formulated a series of policies and regulations on low–carbon andtaken lots of concrete action. However, It full of challenges to develop the low carbon economyin the fast growing china. Simultaneously achieving higher incomes for its population,coordinated development of population and environment is a very important task. Summarize and analyze our current lows and related policies on low carbon economy.Many deficiencies exist in our current legal regulations, such as:Lack of a basic law of low carbon; Our current low carbon legislations are hard to operate;Incentive function is weak as well as the backward regulatory mechanism. Due to theseresistances, it is difficult to develop our low–carbon economy. In response to those issues, weshould reflect on the development direction of the low–carbon economy in future.If want to develop it, we should try our best to look for the new method of development ofour low–carbon economy. We should take some measures for it as follows:Adhere to the role of low–carbon; Enact the law on low–carbon; Improve the relevant lawsand regulations of low–carbon; Establish the legal system of low–carbon.At the same time, we look forward to cooperate in the field of low–carbon legislation andpolicy. This obligation is necessary in order to reach sustainable development. Amongst others,we should pay more attention to our nationwide energy saving and emission reduction. Toenhance energy security and to eliminate carbon dioxide, efficient and sustainable utilization ofenergy resources and promotion of renewable energies are necessary. Even promote the law oflow–carbon towards more severe regulations and so on. As described above, We should explorethe theory and practice on the path of legal regulation of the low–carbon economycomprehensively. So that low–carbon economy will promote sound and fast economic and socialdevelopment. |