Legislative Research On China’s Response To Climate Change Under The Background Of "Peak Carbon Dioxide Emissions And Carbon Neutral Goal"

Under the international and domestic "carbon peak and carbon neutral" goals and the severe global warming situation,it is important and urgent to study China’s climate change legislation.In order to control and reduce carbon and scientifically respond to climate change,General Secretary Xi Jinping solemnly set the great goal of "achieving peak carbon by 2030 and carbon neutrality by 2060" at the United Nations General Assembly.Global warming is a prominent issue in the modern environmental crisis,and it is an inevitable process of world development for countries to set and achieve the "double carbon" target and scientifically respond to climate change.General Secretary Xi Jinping pointed out clearly in his report to the 20 th National Congress of the Communist Party of China that China will "actively and steadily promote carbon neutralization" and "actively participate in global governance to address climate change".Compared with other countries,the legislative process of climate change in China is slow,and there is no special legislation on climate change at the national level.In the face of the serious situation,China has both realistic and urgent legislative needs in the areas of environment and development,and foreign affairs.Based on the background of "double carbon",this paper analyzes and researches the legislative issues of China’s response to climate change and puts forward corresponding suggestions for improvement.This paper is divided into the following parts: the first part gives an overview of China’s carbon peak and carbon neutral targets and climate change,and analyzes the practical necessity and feasibility of promoting China’s climate change legislation under the "dual carbon" target.The second part compares the existing legislation at the national and local levels to address climate change in China,especially the current local legislation,and analyzes the problems of the current legal system to address climate change in China.The third part examines the legislation on climate change in the United States,the United Kingdom and other overseas countries,and summarizes some useful experiences and inspirations that are in line with China’s national conditions.The fourth part puts forward the two-way legislative idea of "initiating the top" and "carrying on the bottom" to deal with climate change in China,and proposes that a special law on climate change at the national level should be enacted in due course to clarify its legislative positioning as a basic law,and strengthen the attention and research on local legislation to deal with climate change in China.It also proposes to strengthen the attention to and research on local legislation on climate change,give full play to the characteristics of local legislation,and actively explore the legislative path of "bottom-up" of local legislation,and put forward specific suggestions on legislative ideas and contents for national and local legislation respectively.