Research On Legal Issues Of Low Carbon Agriculture In The Construction Of Ecological Civilization In China

The problem of climate change has become the focus of international politics and economic competition, and it is directly related to the development of rights and interests of all countries. The Eighteenth National Congress of the CPC clearly put forward the historical task of the construction of ecological civilization, emphasizing efforts to promote green development, development cycle, low carbon development, and provides an important guidance for China to actively respond to climate change, and play the climate change game. With low investment, low energy consumption, low pollution industrial characteristics and yield, quality, efficient development ideas, low carbon agriculture has become an important way to address climate change and promote the healthy, stable, sustainable development of agriculture. Farmland ecosystem carbon pool is an important component of the global carbon pool and carbon pool of terrestrial ecosystem, agricultural systems have dual characteristics of carbon sources and sinks, and therefore, it is significant to reduce agricultural emissions and increase agricultural carbon sequestration.The development of low carbon agriculture is helpful to achieve the dual goals of sustainable development of ecological environment protection and the agricultural economy, in the framework of the construction of ecological civilization, giving priority to the development of low carbon agriculture is the strategic approach to climate change, and it is helpful to promote our country green agriculture, sustainable development.To effectively solve the problem of low-carbon agricultural development, this study firstly sort out the basic theory of low carbon agricultural development of our country’s in the construction of ecological civilization. This thesis take the connotation of ecological civilization and its origin in the agricultural development in the process of evolution as a starting point to explore the definition of ecological civilization, and discuss low carbon agricultural concept referred to in this thesis and relevant concepts from the features and functions of low carbon agriculture.This research has been devoted to put low-carbon agricultural development of ecological civilization which involves economics, ecology and other multi-disciplinary background into law research perspective. Through the analysis of the environmental equity and justice theory, equilibrium theory, externality theory, environmental value theory, ecological system theory, entropy and dissipative structure theory, this paper provides a theoretical reference for the development of low carbon agriculture of our country in the construction of ecological civilization.Secondly, based on literature analysis and empirical research and through considering the low carbon agriculture development situation of our country, this paper reveals the problems and explores the causes. The specific problems which low carbon agriculture development facing mainly include:relevant knowledge is not enough, the space of government supports is small, investment and financing mechanism for the development of low carbon agriculture are absent, incentive effect of agricultural science and technology extension system is not strong, the technology support is weak, the labor structure is unreasonable, standardized and effective intermediary service system is poor. The root problem of agricultural development of low carbon is mainly the support of taxation system on low carbon agricultural development is weak, financial support of low-carbon agriculture is lack, low-carbon agricultural risk dispersion system is not perfect, the mechanism of technology innovation and talent cultivation mechanism of low carbon agriculture is defective etc..Thirdly, this thesis studies policy and practice of relevant countries or regions of low carbon agricultural development. Through the study of low-carbon agricultural development present situation in USA, Japan, Germany, Canada and Taiwan area, and thorough deeply analyze of the development of low carbon agriculture policy and practice of different countries or regions, this study provides certain reference for the further development of low carbon agriculture in China, and draws the following conclusion: establishing complete law system of low carbon agriculture, strengthening government’s policy guidance and support, enhancing scientific and technological support, linking agricultural products processing and marketing, improving the economic benefit and effective connection.Finally, the countermeasure of our development of low carbon agriculture legal strategies in the construction of ecological civilization include:first, build a low carbon agriculture development legal system, including low carbon standard and carbon trading system, low carbon agriculture budget system, green credit, carbon finance and other legal system of financial support, low carbon agricultural risk prevention and compensation system; second, improve the development of low carbon agriculture policy incentives and security mechanism, such as improve fiscal incentive mechanism, optimize low carbon agriculture sci-tech talents cultivating mechanism, and build a low carbon agriculture benefit coupling mechanism; third, start from the low carbon agricultural technology and standard system and low carbon agriculture database foundation, and perfect low carbon agricultural technology innovation mechanism.This paper aims to provide reference for the related legislative or decision-making, promote the transformation of agriculture from the "high carbon" to "low carbon", and achieve the goal of promoting the construction of ecological civilization in our country, to help in a favorable position in the international climate change game.