关键词: 气候变化法；碳预算；气候变化委员会；排放交易体系；借鉴

Abstract:

In order to promote the transformation to the low carbon economy and demonstrate the international leadership, the United Kingdom, at the end of 2008, led the way to promulgate and implement the first Climate Change Law in the world. The law establishes the medium and long term target of reducing green house gas emissions, not only setting up the climate change committee, but also regulating each fiveyear plan of carbon budget and constructing the domestic emission trade system, thus setting a good example for constituting Climate Change Law in other countries. China also faces such multiple challenges as developing economy, eliminating poverty and reducing green house gas emissions. Especially there are severe conditions in climate change and heavy tasks for reducing greenhouse gas emissions. Therefore, it is necessary to have an overall, systematic investigation of the setting background of Climate Change Law, analyzing and abstracting its basic principles and main features, so as to point out the shortage and deficiency in China' s current lawmaking and lawenforcing, such as running short of a basic law regulating specially greenhouse gas emissions and a strong administrative department that can be united to lead the nationwide work of reducing green house gas emissions, some clauses in energy law being too abstract to operate, and the criteria of domestic reducing emissions not having the effect of compulsive norm. Based on drawing experience from Climate Change Law in the United Kingdom, this essay puts forward China' s law politics for dealing with the global climate change, such as establishing China' s Climate Change Law by the National People' s Congress or its Standing Committee, constructing the perfect law system of dealing with climate change in accordance to the principle and spirit of the said law, setting up the ministeriallevel committee of energy and climate change to manage and deploy the whole country' s reducing greenhouse gas emissions by conserving energy, making up the domestic system of emission trade to deal with the severe challenge of the global climate change.