Research On Legislation Of Developing Low-carbon Economy In Heilongjiang Province

In recent years, global climate warming has caused great damages to the ecological environment of the earth, threatening the survival environment of human. The potential energy crisis will hinder the development of human society, and the environmental destruction will cause irreversible ecological disaster, which without exception showing the deficiency of development way of human in the past, the urgency to change the development mode and the threats of the sustainable human development. The unrenewable energy ratio in energy structure of Heilongjiang Province is too high and low-carbon technology in Heilongjiang Province is relatively backward, which still taking a high consumption and high emission mode of production, large amounts of greenhouse gases and other pollutants are causing damage on the environment, severe air pollution phenomena often occur.Therefore, it is necessary to develop low-carbon economy, change the mode of economic development, reduce energy consumption, reduce greenhouse gas emissions in Heilongjiang province.Developing low-carbon economy by technology innovation alone is far from enough,and it also needs the safeguard of law. At present, although the development of low-carbon economy in Heilongjiang Province in terms of legal protection, both has laws and legislations on the national level such as the Law on Energy Saving and the Promoting Law of Cleaning Production,as well as policy documents, and local policies and regulations such as the Regulation on Heilongjiang Province Rural Renewable Energy Development and Utilization, the Regulation on the Detection and Protection of Climate Resources in Heilongjiang Province and the Regulations on Heilongjiang Province Energy Conservation. There is no complete, systematic or some special low-carbon economy basic law called Promoting Regulation on Heilongjiang Province Low Carbon Economy. At the same time, the cleaning production, low-carbon economic development standards are not clearly defined, the lack of low-carbon economy incentive mechanism and low-carbon technology innovation system, as well as the deficient administrative penalty, which leads to Heilongjiang Province in the process of developing low-carbon economy lack sufficient legal basis and legal protection, resulting in legal power dissipated in low-carbon economy area, is difficult to form a joint force to guide, promote and protect the development of low-carbon economy in Heilongjiang Province.This paper consists of five parts, starting from the necessity and feasibility of legislation in low-carbon economy related area in Heilongjiang Province, following by the analysis of the current situation, summarized top four problems of low-carbon economy development in Heilongjiang Province, such as insufficient rules and regulations, insufficient motivation polices, insufficient system for innovation, and limited penalty for violations.Then by studying the representatives of four forward examples like the United Kingdom, the United States, Japan, Germany in the field of national legal practice and legislative experience in low-carbon economy related area, as well as the real legal situation in Heilongjiang Province, draw the conclusion for low-carbon economy legislation in Heilongjiang Province from the legislative purpose, legislative mode, the principle of legislation, legal system and legal responsibility to define a completed concept. The aim of this study is to put forward some suggestions on the relevant legal issues of low-carbon economy in Heilongjiang Province, and to promote the development of low-carbon economy in Heilongjiang province by legal means. The ultimate purpose is to contribute to the rejuvenation of Heilongjiang Province.