Research On The Improvement Of China's Carbon Dioxide Emission Reduction Legal System

From the adoption to the open signature of Paris Agreement,China has showed it supreme-country attitude in climate negotiations,which played a fundamental leading role in the Agreement.Paris Agreement make the temperature aim called ‘to strengthen the global response to the threat of climate change,the earth should control temperature rising within 2℃ above pre industrial levels,and trying to control temperature rising within t 1.5℃’,aims to make the loss and impact of rising sea levels and abrupt climate change will be manageable.Based on Climate change assessment report form Intergovernmental Panel on Climate change(IPCC),it is put forward to achieve zero emissions of carbon in the end of century.However,based on development stage characteristics and overall economic level,China must strictly limit domestic carbon dioxide emissions through a variety of paths,to achieve reduce the carbon intensity,non fossil energy use and forest volume increased as the independent contribution.So we needs a corresponding legal system to deal with the pressure and challenge of carbon dioxide emission reduction in the post Paris era.The legislative discussion on carbon dioxide emission reduction is not short.As early as 2010 scholars have been studied the related legislation of the carbon market and carbon tariff,but for a long time on the legislation of the policy followed by the measures,showing the characteristics of fragmentation and emergency law,to explore the basic law and special law on carbon emission reduction is few,the research and design of the system the lack of legal system of carbon emission reduction;From the view of the law,the legislation of carbon emission reduction is obsolete,and it is difficult to adapt to the new requirements for carbon emission reduction by Paris agreement.Therefore,the carbon emission reduction related legal drawbacks of reflection and system integration,combined with Paris agreement temperature goal to explore,in order to update the existing legal content,build more system of carbon dioxide emission reduction legal system adapt to the development requirements of the times.The article is divided into five parts.The first part is the introduction,mainly on the background and significance of the topics in detail,through the research of our national independent contribution and the Paris agreement temperature goal gap,China’s carbon dioxide and the imperfect legal system,and from two aspects of theory and practice,discusses the significance of the legal system construction of carbon emission reduction.The second part is the literature review of domestic and foreign research,the literature review of domestic research by using Citespace in CNKI searching for two themes called Paris agreement and ‘carbon emissions law’ and analysis of data,using the software of generating words co-occurrence frequency table.The status quo of research review process and content through the co-occurrence frequency of keyword co-occurrence network and the first time.The literature of foreign research has been analyzed,and the main contents of the research are briefly summarized.The third part is the successful experience of foreign countries.First of all,the main legislation mode of carbon emission reduction in developed countries--decentralized legislation mode and comprehensive legislation mode is discussed.In the two legislative models,two representative countries are selected for comparative study.The decentralized legislative mode selected the United States and Germany to make legislative combs and draw lessons from experience.The comprehensive legislative mode chose the United Kingdom and Japan for analysis and discussion.As a representative country of ‘policy oriented legislation’,Japan has high research and reference value.The fourth part is the review and reflection of the current legislation,the existing legislation has legal effect of carbon dioxide emission reduction for many specific methods,the basic law and the prevention and control of atmospheric pollution and environmental protection energy saving and recycling economy correlation method,correlation method,carbon sequestration of carbon emissions trading related content of legal norms.By combing the current situation of legislation,to conclude that China’s current legal system in response to the lack of specific legislation,the lack of carbon dioxide emission reduction and low carbon energy basic law of energy development and carbon sequestration related ecological law is not perfect,the market system is not perfect and the legislative practice failed to fully pay attention to the issue of the role of public participation.The fifth part is the conception of the legal system of carbon emission reduction,based on the above drawbacks of the review and summary,targeted on the discussion of China’s carbon dioxide emissions to improve the legal system: first,the carbon emission reduction legislation as the starting point,guide the emission reduction work;second,to base the energy method as a driving force,both energy conservation and energy efficiency promotion;third,the ecological carbon sequestration;for assistance,improving the forest management and land planning;fourth,is the carbon market mechanism as the assistant,a low carbon economy development goals;fifth,the public participation of the whole society.,make reduction of carbon emissions.