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The Legal System Construction Of Monitoring On Greenhouse Gases In China

Posted on:2021-05-14Degree:MasterType:Thesis
Country:ChinaCandidate:N N WuFull Text:PDF
GTID:2416330629984564Subject:Environment and Resources Protection Law
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The greenhouse gas monitoring system is a requirement for a compliance mechanism to respond to climate change.It is one of the important system design for greenhouse gas emission reduction and climate change mitigation.It is also the basis for providing objective and accurate data for the operation and development of the carbon emissions trading market.The system originated from the need for international climate governance to control greenhouse gas emissions.After several generations of international environmental conventions,it has become an important manifestation of the country's active implementation of its emission reduction obligations.Under the advocacy of international environmental conventions,the European Union,the United States,Japan,Australia and China and other countries or regions actively fulfill their international obligations,set greenhouse gas emission reduction targets,explore and develop domestic greenhouse gas monitoring,reporting and verification,and improve relevant legal content.The greenhouse gas emission reduction effect is remarkable,and the system has also achieved development.Under such an international background,this article aims to find out what our country's greenhouse gas self-monitoring is by analyzing the advanced practices and experiences of the European Union and the United States in monitoring,reporting and verification,following the principle of “common but differentiated”.The development status,combined with the actual international climate governance background,discusses the legal position that China should adhere to,explores the legal content of forming a reasonable and perfect greenhouse gas monitoring in China,constructs the basis for the operation of the system in China,and refines the system design.On the one hand,the research on this system will help China to follow the direction of climate governance and fulfill its international obligations;on the other hand,under the premise of China's vigorous development of the domestic carbon emissions trading market,it can provide great support for the operation of the domestic carbon market.This article is divided into five main parts.The introduction mainly introduces the research significance of China's greenhouse gas monitoring legal system,the development and research status at home and abroad,and lays an overall foundation and premise for this article.The first chapter is an overview,proposing the basic connotation of the greenhouse gas monitoring system;clarifying the international development context of the greenhouse gas monitoring system mainly reflected in the environmental convention,combining the concept of international environmental governance,analyzing the system and international climate change mitigation and adaptation,the concept of climate justice,and the internal connection of the national independent contribution,expounding the value and function of the greenhousegas monitoring system.The second chapter is the practical analysis and reference significance of the EU and the United States.The EU and California regional system design and legislative development have outstanding advantages.Under the premise of understanding its development process and current status,it clarifies what China can learn from and lays a foundation for China's legislative development basis.The third chapter is the legal position and current practice content of the implementation of greenhouse gas self-monitoring in China.Firstly,it can analyze the necessity and value of China's adherence to self-monitoring in the context of current international climate governance.From the requirements of international compliance obligations,carbon emissions trading foundations and green development principle,we discuss that China still faces development in the changing international background domestic self-monitoring system,adhere to greenhouse gas emission reduction,adhere to its own legal position.Secondly,it summarizes the content of relevant laws and regulations and policy support at the national level in China,and the laws and regulations in the pilot area,finds out the development status of the system in China,and lays the foundation for subsequent analysis of the status quo and construction of legal systems.The fourth chapter is based on the above analysis of the international and domestic status quo,to study the construction path of China's greenhouse gas monitoring legal system.This part is the core content and final destination of this article.The relevant legislation in our country lacks the coordination of the overall and content,and the legal rank is low,which is reflected in the conflict with the environmental legal system in terms of management system and legislative content,and the lack of coordination and communication mechanisms in the design of laws and regulations.There are many difficulties and deficiencies in the independent regulation of third-party verification agencies,transparency construction and legal responsibilities are not perfect.Finally,it is proposed that China's greenhouse gas monitoring legal system should pay attention to the coordination of the legislative level and content,the independence of third-party verification institutions,transparency construction,and the improvement of legal responsibilities.So as to achieve a balance of interests in the subject relationship,coordination and communication of legal content,the improvement of the supporting system,and the unremitting improvement of the domestic self-monitoring system,forming a complete and unified greenhouse gas monitoring legal system.
Keywords/Search Tags:climate change, greenhouse gases, monitoring, legal construction, regulation
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