| In recent years,with the frequent occurrence of climate problems such as global temperature rise,sea level rise and extreme heavy precipitation,the culprit of these climate changes is greenhouse gas emissions.Therefore,it has become a common practice for countries around the world to carry out climate change initiatives such as carbon emission reduction actions.The governance experience of developed countries such as the United States,the European Union and the United Kingdom in carbon neutrality shows that in order to achieve the goal of carbon neutrality on schedule,not only financial support,technological reform,but also the protection of the rule of law are needed.As a responsible country,China has been committed to carbon emission reduction.In 2020,China proposed the ’ 30 × 60 goal’,that is,to peak China ’s carbon dioxide emissions by 2030 and achieve carbon neutrality by2060.However,due to the short time of China ’s carbon neutrality goal,the rule of law system is still not perfect.In this regard,through the use of literature analysis,comparative analysis,multidisciplinary comprehensive analysis and other research methods,this paper first briefly analyzes the concepts and theoretical basis of carbon neutrality,and lays a foundation for further research.Secondly,it sorts out the progress of the rule of law in China ’s realization of carbon neutrality from the three levels of policy basis,legal system and judicial practice,and further analyzes the current difficulties in the realization of carbon neutrality in China.For example,in terms of legislation,the current policy documents are mostly and the rigidity is poor,the existing legislative level is not high,and there is a lack of specialized legislation;in terms of law enforcement,the subject of law enforcement is not clear,the implementation standards are not uniform,and the supervision mechanism is not perfect;in the judicial aspect,the legal attribute of carbon emission rights is controversial,the way to resolve disputes is not smooth,and the judicial practice experience is insufficient;in other aspects,the participants ’ awareness of carbon neutrality and the rule of law is weak,and the relevant incentives are insufficient.Finally,by drawing on and learning from relevant foreign experience,it is proposed to build a legal normative system by formulating special laws on carbon neutrality,revising relevant laws and regulations,and improving local-level legislation.The strict law enforcement mechanism is improved by establishing a unified law enforcement management subject,standardizing law enforcement procedures and supervision mechanisms.The judicial litigation system is improved by clarifying the legal attributes of carbon emission rights,improving carbon-neutral public interest litigation,and enriching the basis of carbon-neutral judicial trials.By improving China ’s public participation system and optimizing the incentive mechanism of multiple subjects,a good law-abiding environment is created to build a legal guarantee system for carbon neutrality in China.Ultimately contribute to the realization of China ’s carbon neutrality goal. |
