On Several Controversial Issues Of Legislative Climate Resources In China

Abstract:With the increasing emphasis on the development and utilization of climate resources and frequent misuse of resources lead to climate disasters, climate resources protection has been increasing attention from all walks of life.<The climatic resources in Heilongjiang province detection and protection ordinance> once issued, will cause the social from all walks of life of climate resources, the regulations of climate resources in the state, but also bring a piece of "doubts", climate resources ownership has become a hot spot in the study of climatic resources.Climate resources refers to the certain technical and economic condition, can be in human development and utilization of the climate elements of that part of the floorboard of the renewable natural material and energy, including solar energy, heat, water, air, wind, etc. It is natural, integrity, diversity, and renewable natural attribute and value, the development and utilization of comprehensive correlation, the right to life and other social attributes. Climate resources also has general attributes of the object of legal relationship object. From the protection of ecological environment and safeguard China’s economic and social sustainable development, maintain social fairness and justice, make full use of climate resources, improve the climate resources protection, improve the designing, such demand perspective, climate resources legislation is necessary. From China’s economic development, new energy development, natural conditions and the existing legislation practice outside the legislative reference, and other aspects, the climate resources legislation is also feasible. Through analysis of climatic resources ownership of existing theory advocated and reflection, can be found that due to the particularity of climate resources, human existing technology, the government management of the actual and the reality of development of clean energy, lead to set up the system of ownership in the climate resources legislation, no practical significance. Therefore suggest perfecting the constitution and the environmental protection law of the relevant legal norms, improve the climate resources, climate resources special law of form a complete set of laws and regulations, perfecting other related laws and regulations related to the climatic resources.