Study On Carbon Capture,Utilization And Storage (CCUS) Legal System In China

With the increase of greenhouse gases caused by global warming, the frequency of severe weather around the world increase,Every country have reached an agreement that it is a world trend that making efforts to developing low carbon economy . Facing with heavy press of lowing greenhouse gases , carbon dioxide capture, use and storage (CCUS) is the development of the times as the times require.In 2016, The monitoring of Chinese Atmospheric Baseline Observatory in Guanshan Base shows that the concentration of carbon dioxide in the atmosphere annually rises about 2 parts per million (1 PPM refers to a molecule of carbon dioxide in one million air molecules). Experts suggest that emission forms of global greenhouse gas are still grim and if this trend of global warming do not change, the task of global emission reduction would be still arduous. In recent years, our country has vigorously developed a series of emerging clean energy, such as wind energy,nuclear energy, solar energy, tidal energy, but compared to coal fossil energy, these new clean energy accounts for a lower proportion. And these clean energy are widely distributed throughout some areas of unique geographical advantages, which have not generality and universality. The capture, utilization and storage of carbon dioxide has become an inevitable tendency, because this project can not only meets the needs of current development, but also achieves the goal of reduction. However, this technology during its working process is not perfect, and it also has some problems,especially in legal system, such as determination on the nature of carbon dioxide,the ownership of carbon dioxide in storage, utilization of carbon dioxide in storage, the ownership of economic returns, security risk and responsibility imputation for environmental pollution owing to leakage of carbon dioxide. So it has been a practical consensus for all countries in the world that people should achieve carbon capture,utilization and storage by the law. Looking abroad, their legislative practice in carbon capture, utilization and storage gives a profound lesson to China to achieve the scientization of legislation in carbon capture, utilization and storage.Though the researches of mature legislative experience and advanced legal systems in America, Canada, Australia and European Union, this paper expounds some suggestions of establishing the legal system of carbon capture, utilization and storage in China. At first, this paper mainly introduces conceptions of carbon capture,utilization and storage and shows the necessity and feasibility of them. In addition,this paper analyzes those problems in legal system during the development of carbon capture, utilization and storage in China. And at the same time, it explains legal obstacles and difficulties during those process. What's more, this paper has a profound analysis of the legal system of carbon capture, utilization and storage in western countries and it points out some legislative experience that our country can adopt. Finally, some suggestions in the development of carbon capture, utilization and storage in China will be put forward .