Under The Background Of Low Carbon Economy:Legal Issues Of The Carbon Finance Development

Under the impact of global warming, the development of human society faced with severe challenges, the development of low-carbon economy has become the inevitable choice of history. Carbon finance as an important means of developing a low-carbon economy, not only make limited financial resources to achieve optimal allocation of resources in a low-carbon economy, promote the adjustment of economic structure, accelerate the transformation of development mode of the financial industry, but also to improve the global climate and environment. Carbon finance has become an important area of global low-carbon economy. States use economic, policy and legal means to develop carbon finance. Although there is no obligation to reduce emissions for China, but as a member of world’s carbon emissions and supply in the most, carbon finance development has important strategic significance for our country. Currently, carbon finance is still strange for our country, our country is seriously lagging behind the development of carbon finance, carbon finance in the international market has been at a disadvantage, which is on the future development of China’s carbon finance is very unfavorable. Therefore, to perfect the low-carbon economy under the background of related legal system of carbon finance development in our country, for it is necessary to promote the development of carbon finance in China.Research ideas of this paper is to ask questions, find and solve problems. Using logic analysis, comparative research and historical research method of carbon finance and related legal system has carried on the system research and analysis. By revealing the existing legal obstacles in the development of carbon finance in our country, relying on the law to promote, improve and standardize carbon financial market, the deployment of risk control mechanism, minimize legal risks, for our country to catch the good opportunity of the world’s financial system reconstruction, provide legal protection for developing carbon finance. I think, before the development of carbon finance related legal system, defines the specific connotation of carbon finance and carbon finance law clear and definite the origin of carbon finance, for the article further expounds the international and domestic carbon finance and related legal system development present situation, has the vital significance. The first part mainly defines the connotation of carbon finance and carbon financial law, through the trace carbon finance theory and legal basis, for the following carbon finance related legal problems lay the foundation for further research. The second part mainly introduces the status quo of carbon finance and related legal system development, through the analysis of literature and comparison, the author found that as the United Nations framework convention on climate change, the Kyoto protocol and other international conventions agreed upon with the previous work together to promote the United Nations conference on climate change, carbon finance worldwide rapid development, which, in the development of responsible for emissions of developed countries, has initially formed a more perfect carbon financial market, the company, the development of carbon finance related legal system is gradually maturing, especially in financial financing, carbon trading and carbon financial services laws, regulations and policy support is relatively perfect, basically formed a financial support to low carbon economic development of the legal protection system. At the same time, some developing countries are stepping up to perfect its legislation, seize the opportunities of carbon finance development. The third part, it mainly focuses on the development of Chinese carbon finance and related legal system status quo. Compared with foreign development relatively prosperous carbon financial market, the development of carbon financial market in China is relatively backward, although carbon trading market has begun to take shape, carbon financial products and services gradually developed, but as passive carbon financial market, the scale and the market is much less active than other countries. The development of related legal system is backward. Carbon financial legal system foundation is weak. Carbon trading and carbon financing on the specific legal norms also exist some shortcomings. Section IV presents in order to better promote the development of carbon finance in our country, our response to climate change should develop the Basic Law, the establishment of relevant legal system of carbon trading, carbon finance-related laws and regulations to improve, improve related laws and policies, to build an effective legal and regulatory system, construct the corresponding risk compensation mechanism and other aspects of China’s relevant laws and regulations to improve.