Research On Improving Energy Legislation In China Under The Double-carbon Target

In 2020,the General Secretary made a solemn commitment to the world at the75 th session of the United Nations General Assembly that China will strive to achieve the peak of carbon dioxide emissions by 2030 and strive to achieve carbon neutrality by 2060.At present,the "two-carbon goal" of reaching carbon peak and carbon neutrality has been incorporated into the overall national development strategy.To achieve this goal,China needs to make great efforts and more importantly,it needs legal support.In addition to special legislation on climate change,energy basic law and related legislation are needed to provide legal guarantee for the realization of the two-carbon goal.However,the basic law of energy is missing and the single law of energy has not been revised for many years.In terms of the legislative concept and the specific legal system of energy,it is no longer suitable for the objective requirements of our energy transformation,which hinders the low-carbon,efficient and clean utilization of energy.In order to improve the response of our energy legislation to climate change,and to promote the realization of the double carbon goal of energy revolution,this paper takes the energy legislation as the foothold and focuses on the response to climate change from the following six parts.The first part defines the concept of energy law and the connotation of energy legislation to deal with climate change by analyzing the existing studies.It integrates the concept of energy security and sustainable,involves the whole process of energy and the social relationship in clean and efficient utilization,and the content of energy transformation and carbon reduction.The second part mainly combs the content of coping with climate change in our current energy legal system,analyzes the content of coping with climate change in laws,administrative regulations and regulations.The third part analyzes the defects and imperfections of current coal Law,electric Power Law,Renewable Energy Law and Energy Law,in responding to climate change from three aspects of legislative purpose,system lack and defects and lack of law,thus preparing for solving the problem.In the fourth part,representative countries of the developed countries--Britain and Germany are selected to sort out the evolution and beneficial systems of their Energy Law and Renewable Energy Law respectively,and find out the experience and practices suitable for our reference,and apply them to our energy legislation to cope with climate change.The fifth part is the core of this paper,aiming at the legislative defects summarized in the above article,and puts forward the idea of improving our legislation on climate change and energy.We need to make up for the lack of the Basic Law,revise the outdated and inappropriate parts of the current separate law,update the outdated energy legislation concept,and improve the energy legislation system to address climate change.With the focus on the renewable energy consumption and security system,we need to promote the establishment and improvement of the system for clean use of coal and the withdrawal of outdated production capacity.To provide legal support for China’s energy response to climate change.