On The Legal Mechanism Of The Transfer Of Climate Beneficial Technology Under The Perspective Of Paris Agreement

With the intensification of climate change,it is more and more urgent to promote the useful transfer of climate beneficial technology.Climate beneficial technology has the characteristics of the combination of public and private interests.How to balance the individual interests and public interests,and how to construct the international and domestic legal coordination mechanism to promote the transfer of climate beneficial technology from developed countries to developing countries effectively are the key problems of this paper.As the main driving force of the Paris Agreement,China plays an increasingly important role in international affairs,such as international climate change and other human concerns.The study of the construction of the legal coordination mechanism for the transfer of climate beneficial technology is an opportunity for China to master the discourse power of international law and to perfect the domestic law.Under the existing international legal mechanism on technology transfer of UN and WTO system,the International Climate Law is lack of operability and enforceability on technology transfer.We need to build a legal coordination mechanism to promote climate beneficial technology transfer from three perspectives:international climate legislation,international trade legislation and international environmental legislation.Meanwhile,we need to strengthen financial and technological support to developing countries through international cooperation.To perfect the domestic legal system,China should improve the foreign trade legislation,intellectual property legislation and environmental protection legislation;improve protection standards of intellectual property;improve the information disclosure system and the business secret protection legislation;make special provisions on application and authorization of climate beneficial technology;strengthen coordination between the laws,as well as coordination between law and policy.