Research On Legal Issues Of Carbon Emission Reduction From The Perspective Of Carbon Peaking And Carbon Neutrality

Carbon reduction originates from people’s recognition of the climate change problem caused by greenhouse gases emitted by human activities.In order to control greenhouse gas emissions,the international community reached the United Nations Framework Convention on Climate Change in1992,proposing strategies for mitigating and adapting to climate change.In order to implement strategies to mitigate climate change,countries have begun to carry out carbon reduction efforts.As a responsible major country,China actively participates in a series of international cooperation treaties such as the United Nations Framework Convention on Climate Change,and gradually improves policies and laws related to carbon reduction domestically.In this context,various carbon reduction efforts in China have been carried out,but currently,carbon reduction work mainly relies on policy to promote and faces many problems.It is urgent to adopt legal means to standardize carbon reduction actions.The standardization of carbon emission reduction needs to address three core legal issues,namely the selection of carbon emission reduction legal paths,the analysis of carbon emission reduction legal means,and the construction of carbon emission reduction legal implementation guarantees.At the legal standardization level of carbon emission reduction,the European Union,Canada,and the United States have formed relatively complete legal systems,as well as relatively complete legislative,enforcement,and judicial mechanisms.In order to address the problems of carbon emissions reduction in China,it is necessary to examine and draw on legal measures for carbon emissions reduction outside the region.In response to the legal path of carbon emission reduction,China focuses on adopting the path of carbon emission intensity control,but does not attach great importance to the total amount control of carbon emissions.Based on The Paris Agreement,which puts forward stricter control requirements for total carbon emissions,and China’s goal of carbon peaking and carbon neutrality also requires that total carbon emissions be controlled,this paper proposes that total carbon emission control should be strengthened on the basis of improving carbon emission intensity control,and solidified into China’s legal path of carbon emission reduction.In terms of the choice of carbon reduction measures,countries outside the region often adopt a diversified combination of ‘market-oriented mechanisms and command and control measures ’ to reduce carbon emissions.At present,China’s carbon reduction mainly relies on established market-oriented means,namely the carbon trading system.A single market-oriented approach is not effective,so it is necessary to introduce carbon evaluation as a command and control tool to jointly assist China’s carbon reduction work.The standardization of carbon emission reduction work cannot be separated from a sound legal system,and at the same time,it is necessary to provide guarantees for the implementation of these laws.Comprehensive administrative law enforcement can provide guarantees for the implementation of laws,while climate and environmental litigation can provide assistance for the legal implementation of carbon emission reduction at the judicial level.