Legal Position And Regulation Of Carbon Dioxide In The Background Of Carbon Emission Reduction In China

As the speed of industrialization comes highly and highly,the burning of fossil fuels and the changes of use method of the land,the greenhouse gas exhausted into air becomes more and more,which causes the global environmental critical problem all over the world.So how to face the climate change comes to the most serious international problem.Because carbon dioxide makes up the most part of greenhouse gas,the changes of its discharge will directly influence the global climate changes.Thus countries in the world issues various regulatory policy with complex ways trying to decrease the carbon footprint.While,there are so many roads to follow and countries use different modes focusing on this.Whatever way to reduce the emission of carbon gas,the initial thing is to clarify the status of carbon dioxide in law.With the development of the environmental science and thirsty need of legislation to rule the carbon dioxide,the paper try to find out the definition of carbon dioxide,which comes more up with natural science and legal logic.The paper mainly contains four parts.The first is under literature studies,the paper states the must and urgency of decreases carbon dioxide emission,from the aspect of reasons of carbon dioxide emission.Facing the global warming and ocean acidification,international corporation becomes more and more and China is also under deep pressure.The second part depends on the fact that the legal definition of carbon dioxide is the basis of decrease of the emission of carbon gas,the paper elaborate the Japanese,American,European legal mores and features by investigate and analysis of cases.Then the paper summarizes the trace in China,differentiate disputes in this topic with foreign experiences and criticize the wrong mainstream perception,thus comes up the conclusion:The carbon dioxide ought to be defined as air pollutant to be included in law.The paper inference from the aspect of air science and legal logic while compare the carbon dioxide with other air pollution,talks about the pollution feature of carbon dioxide and how to include it into legal regulation in the third part.In the fourth part,the paper concepts the regulation including carbon dioxide in to law with descriptive research method.The paper concludes that the legal framework of carbon dioxide should take The Law on the Prevention and Control of Air Pollution as the initial instruction,specially legislate climate changes with new standard of air quality and pollution emission,combined with carbon tax,carbon credit,carbon sink to achieve highly advance of carbon emission in China.