Research On Legislative Issues On Climate Change In The Context Of Carbon Neutrality

Under the trend of global warming,addressing climate change has become a national strategy implemented in China.Addressing climate change is a systematic project,and the application of legislative measures to address climate change has become a consensus among countries.Before China proposed the goal of "double carbon",the academia had already explored the issue of climate change legislation to a certain extent.However,since China proposed to achieve the "double carbon" target,some new problems have arisen in the study of climate change legislation in this new context.Through analysis,the main problems of China’s legislation on climate change include: unclear boundary between legislation on climate change and special legislation on carbon neutrality;the lack of special legislation on climate change;and the incompatibility of existing laws and regulations with the "double carbon" work.In order to solve the above problems,this paper reviews the current situation of China’s climate change legislation in the context of carbon neutrality from the theory of climate change legislation,and takes the theory and the current situation as a guide,with a view to clarifying the relationship between climate change legislation and carbon neutral special legislation,providing suggestions for the formulation of special legislation on climate change in the context of carbon neutrality,and providing suggestions for the coordination between relevant laws and carbon neutral work.In addition to the introduction,this paper focuses on the relationship between climate change legislation and carbon neutral legislation.In addition to the introduction,this paper is divided into three main parts.The first part is an overview of the theory of legislation to address climate change.It provides theoretical support for the study of the contents covered in this paper.First,it analyzes three core concepts,mainly the distinction between carbon neutral and carbon peak,the internal logic relationship between carbon neutral and carbon peak,and the relationship between carbon neutral and carbon peak and climate change;second,it analyzes the necessity of legislation to deal with climate change from the facts and hazards of climate change;third,it compares the laws and regulations to deal with climate change.The legal basis of the response to climate change is sorted out,mainly introducing the theory of environmental rights and environmental interests,clarifying the relationship between environmental equity and climate justice,and providing a theoretical basis for the following legislative concept.The second part is a review of the current status of China’s legislation to address climate change in the context of carbon neutrality.This part is mainly to sort out the current legislative status so as to identify the problems.The main contents include,firstly,a comprehensive review of China’s regulations on addressing climate change in the context of carbon neutrality from three aspects: the constitution and laws,administrative regulations and departmental regulations,and local regulations and rules;secondly,the problems of China’s legislation on addressing climate change in the context of carbon neutrality are found from the current legislative situation: the relationship between legislation on addressing climate change and special legislation on carbon neutrality is unclear,and the relationship between legislation on addressing climate change and special legislation on carbon neutrality is still missing.The current laws and regulations are not compatible with the "double carbon" work.The third part is the concept of climate change legislation in the context of carbon neutrality.In view of the several problems of China’s current legislation on climate change in the context of carbon neutrality,this paper puts forward preliminary ideas to solve the proposed problems.For the first problem,we will first clarify the relationship between the legislation on climate change and the special legislation on carbon neutrality,and on this basis,we will try to build carbon neutrality and related legal concepts,so as to establish the correct logical relationship as the connecting point,and at the same time,we will propose the legislative strategy to deal with climate change.On the second issue,we will formulate a special law to deal with climate change,and propose the improvement of the special legislation to deal with climate change in the context of carbon neutrality on the basis of absorbing the traditional views on the special legislation to deal with climate change.For issue 3,the coordination of related laws with carbon neutral work is strengthened through the formulation or revision of related laws.