Study On The Exploitation System Of Climate Resources

Climate resources are the basic resources for human survival and development.With the progress of science and improvement of the human productivity level, as a new type of resources , climate resources obtain more and more attention, and it has characteristics of scarcity and value, belonging to renewable resources, which is an important part of energy supply system. "The United Nations Framework Convention on climate change", which was formed by climate change conference in 2015, puts forward the goal that substantially reduces global greenhouse gas emission and keeps the global average temperature within 1.5 degrees centigrade.Nowadays, the scale of global renewable energy utilization continuous expand and the cost of application rapidly decline. Therefore, the development of renewable energy has become the core content of energy transformation and significant measures to deal with climate change in many countries, it is also an important step to promote energy production, consumption revolution and energy transformation in our country. During the Thirteenth Five-Year period, it is the decisive stage for building a well-off society in an all-round way in China, accelerating the establishment of clean low-carbon modern energy system and promoting the sustainable development of renewable energy industry. "Outline of the Thirteenth Five-Year plan for national economy and social development in People's Republic of China" take the overall improvement of the quality of the ecological environment as the development goals.Under the condition of such urgent development and utilization, it is particularly necessary to do the research about problem of the ownership of climate resources.This paper bases on the ownership of climate resource ownership to do research. It will divided into four parts to which include the current situation of the development and utilization of climate resources, the legal nature of climate resources, the theory and practice of the ownership of climate resources, and the construction of the legal system of the right to use climate resources.First, description the concept and characteristics of climate resources, and introduces the current situation of the development and utilization of climate resources in China. Furthermore, expounds the importance of climate resources and the necessity of the study on the ownership system of climate resources.Second, analysis the legal nature of climate resources, through the different of relevant concepts to identify that climate resources is a stuff which different from the the stuff was defined in traditional property law. Climate resources is one of nature resources, which belongs to the concept of renewable energy, having the characteristics of non exclusive use. Base on the character of climate resources, it should affiliation with the scope of public resources to study.Third, combing the theory and practice of the problem of climate resource ownership. Combing the existing constitutional law, it is still a blank in laws about ownership of climate resources, even in the academic existence of intense discussion and scholars hold different views. However there is no provision in local political approach of climate resources development and protections about ownership of climate resources, except Heilongjiang Province. The regulation that ownership of climate resources belongs to country was written by Heilongjiang Province.To discuss the issue of climate resources in the context of the theory of the things of common used by public, we must pay attention to the characteristics of the things of common used by public which non-specific most people can non-exclusive used. Therefore, in the construction of the legal system of the right to use climate resources, we should start from four aspects: First, improve the use of climate resources system. Two, perfect the monitoring and evaluation system for the use of climate resources. Three, establish the access mechanism of the right of climate resource use. Four, consummate the public participation system in the use of climate resources.Human beings have a long history of the use of climate resources, at the same time in the age of rapid environmental degradation, resource shortage acceleration, and intense global competition , the development and utilization of climate resources is becoming the focus of the world game, which is not only related to the national economy and the people's livelihood, but also. become the means to show the core competitiveness of the countries on the world stage.