Journal of Shanghai University (Social Science Edition)

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Toward Specialized Legislation to Address Climate Change in China

  

  • Received:2015-09-14 Online:2016-01-15 Published:2016-01-15

Abstract: Active responses to climate change and rigorous promotion of the lowcarbon development are important aspects of the “New Normal” in China’s social and economic development. However, the existing laws cannot combat climate change effectively, and the multitude of policies that aim at tackling climate change and promoting lowcarbon development lack legal foundation, thus making specialized legislation urgent. The specialized legislation to address climate change is now feasible in China as it can get support from the practices of relevant domestic normative documents and draw on the experience from the domestic pilot provinces and cities where lowcarbon development has been exercised and overseas countries which have already done the legislation. A comprehensive mode of specialized legislation is recommended, giving priority to the Climate Change Act covering both mitigation and adaptation aspects. When difficulties do matter in the way, secondary choices are offered to legislate LowCarbon Development Promotion Act aiming at mitigation and Adaptation of Climate Change Act aiming at adaptation respectively, which are less complex in adjusting social relations and less difficult in legislative negotiation, or to make less legalitybound Carbon Emissions Trading Regulation by the State Council.
Key words:

Key words:  Climate Change Act, LowCarbon Development Promotion Act, carbon emissions trading, greenhouse gases