Comparative Study On Legal Systems In Coping With The Climate Change Between China And The U.S

As a vital topic in the international society,climate change has caused more and more important influences to each country in the world on economy,politics,environment and other aspects.From the perspective of environment law,if we want to control and decrease the greenhouse gas emission and deal with climate change,we can't go further without well-designed and programmed legal systems.Nowadays,legal systems in dealing with climate change of China are not perfect.Meanwhile,the United States has taken an early start to take measures and made a positive progress.By comparing a series of laws and measures responsing to climate change between the United States and China,we can get instructive experience to improve legal systems to cope with climate change.On the basis of this,some constructive ideas and advice can be put forward,which is an effective and efficient way.Firstly,starting with the first case of climate change of the United States federal court,and then come the research status at home and abroad in coping with the climate change and the significance of comparative study of the two legal systems between China and the United States.The next is an overview of the legal system to deal with climate change,which mainly contains the concept of climate change and it's influence,so as to explain the concept of legal system to handle the climate change and the significance in establishing and improving it.Secondly,from the angle of the evolution of legislative attitude,legislation and main specific institutions,legal systems in coping with the climate change in China and U.S can be introduced separately.On the basis of that,the two legal systems can be compared,the similarity includes the legislative backgrounds and pattern,while the differences contains the continuity and the consistency between central and local legislation,climate change legislation framework,climate change regulator and the effect of the legal system.The following is the summary of the advantages and shortcomings of the American legal system in dealing with climate change.The former consists of perfect legislation on greenhouse gas reduction and control,more mature cooperation mechanism of regional governments,higher degree of marketization of carbon emissions trading system,and the widely applied greenhouse gas monitoring system.The latter contains the conflicts between federal climate change laws and the discordance between federal and local governments on greenhouse gas reduction and control.The next is the dilemma that Chinese legal system is facing with in coping with climate change,which means the lack of Climate Change Law,deficiency in special articles in dealing with climate change in mitigating and adapting to climate change laws,immature carbon trade system,the low level of cooperation of local governments,and simply and singly established regulator.Finally,based on American experience in dealing with the climate change,some advice and measures can be provided to improve the relative legal system in China,which include accelerating the legislation of Climate Change Law,improving the existing relative laws,consummating carbon emissions trading system by using market mechanism,building unified carbon trading market,setting up scientific regulators in coping with climate change and giving them legal authority and status,strengthening the cooperation of Chinese local governments,and trying to create normal cooperation mechanism.