中国应对气候变化的法律对策
发布时间：2019-04-17 07:11
【摘要】： 气候变化日益成为全球共同关注的话题,自1979年第一次世界气候大会上,气候变化首次作为一个引起国际社会关注的问题提上议程。随后,近年来气候变化为越来越多的国家所重视,其带来的不利影响和灾害已严重威胁到了人类的生存和环境的永续发展。我国同样受到气候变化的严重影响,我国未来的气候变暖趋势将进一步加剧;极端天气气候事件发生频率可能增加;降水分布不均现象更加明显,强降水事件发生频率增加;干旱区范围可能扩大;海平面上升趋势进一步加剧。特别是1997年,受近百年罕见的强厄尔尼诺现象的影响,全球范围内出现气候异常,自然灾害频繁发生。我国气候持续变暖,出现以高温和北方干旱为特征的气象灾害,是农业气候条件较差的年份。面对气候变化带来的不利影响,我国也相继出台了一系列的措施和行动。先后出台了《中国应对气候变化方案》(以下简称《方案》)和《中国应对气候变化的政策与行动》白皮书等应对气候变化的方案。 气候变化不仅对我国的环境形成威胁,还对中国经济的发展战略、能源战略、温室气候控制、沿海地区发展以及农业林业资源等方面都形成严峻的挑战。因此,应对气候变化已经成为摆在中国面前的重要任务。我国为应对气候变化亦作出了相应的努力,积极参与应对气候变化的国际合作,承担有关国际条约确定的减排义务等等。去年,随着《方案》和《白皮书》的出台,更表明了我国应对气候变化的决心。《方案》和《白皮书》更是针对中国气候变化的现状及挑战制定了相应的应对气候变化的原则和机制。 本文正是在对《方案》和《白皮书》解读的基础上,针对中国的具体国情,来分析我国应该如何从法律制度层次应对气候变化。这些法律对策中,既有现有法律法规的规定,又有对外国法律制度的借鉴,同时,对减缓气候变化的重要内容一清洁生产作出了一定的分析。希望探求一条应对气候变化的法律道路,以求中国应对气候变化的活动和措施能够规范化和制度化。 本文共分为三大部分,第一部分,中国应对气候变化的现状及挑战。系统介绍中国气候变化的现状及挑战,为有针对性的采取应对气候变化的措施提供依据。 第二部分,中国应对气候变化的制度和原则。该部分结合《方案》和《白皮书》的有关内容对我国现行的应对气候变化的制度原则进行分析,为采取应对气候变化的措施提供原则方面的指导。 第三部分,中国应对气候变化的法律对策。该部分也是本文的核心部分,分别从现有法律规定、如何完善相关法律制度、如何实现气候变化的法律救济、国际合作的法律规定以及提高国民应对气候变化的法律意识等方面进行分析。为中国应对气候变化提供相应的法律参考。
[Abstract]:Since the first World Climate Conference in 1979, climate change has been put on the agenda for the first time as an issue of concern to the international community. Subsequently, in recent years, more and more countries pay attention to climate change, its adverse effects and disasters have seriously threatened the survival of human beings and the sustainable development of the environment. China is also seriously affected by climate change, the trend of climate warming in the future will be further intensified, the frequency of extreme weather events may increase, the uneven distribution of precipitation is more obvious, and the frequency of heavy precipitation events will increase. The arid area is likely to expand; the sea-level rise trend is further intensified. Especially in 1997, influenced by the rare strong El Ni 帽 o phenomenon in recent 100 years, the global climate anomalies and natural disasters occurred frequently. Weather disasters characterized by high temperature and drought in northern China are characterized by continuous warming of climate in China, which is a year of poor agricultural climate conditions. In the face of the adverse effects of climate change, China has also issued a series of measures and actions. The plan to deal with climate change has been issued successively, such as "China's Climate change Program" (hereinafter referred to as "the Plan") and "China's policies and actions to deal with Climate change", and other white papers to deal with climate change. Climate change not only poses a threat to China's environment, but also poses a serious challenge to China's economic development strategy, energy strategy, greenhouse climate control, coastal development and agricultural and forestry resources. Therefore, dealing with climate change has become an important task in front of China. China has also made corresponding efforts to deal with climate change, actively participate in the international cooperation to combat climate change, undertake the emission reduction obligations established by relevant international treaties, and so on. Last year, with the introduction of the Programme and the White Paper, It also shows China's determination to deal with climate change. The Program and the White Paper also formulate the corresponding principles and mechanisms to deal with the present situation and challenges of climate change in China. Based on the interpretation of "Plan" and "White Paper", this paper analyzes how to deal with climate change from the level of legal system according to China's specific national conditions. Among these legal countermeasures, there are not only the provisions of existing laws and regulations, but also the reference to foreign legal systems. At the same time, some analysis is made on cleaner production, an important content of mitigating climate change. We hope to explore a legal path to deal with climate change, so that China's activities and measures to deal with climate change can be standardized and institutionalized. This paper is divided into three parts, the first part, China's response to climate change status and challenges. The present situation and challenges of climate change in China are systematically introduced in order to provide the basis for targeted measures to deal with climate change. The second part, China's response to climate change system and principles. This part analyzes the current institutional principles of climate change in China in the light of the relevant contents of the Plan and the White Paper, and provides the guidance of the principles for taking measures to deal with climate change. The third part, China's legal response to climate change. This part is also the core part of this paper, respectively from the existing legal provisions, how to improve the relevant legal system, how to achieve the legal relief of climate change, Analysis is made on the legal provisions of international cooperation and on raising the legal awareness of the people to deal with climate change. To provide the corresponding legal reference for China to deal with climate change.
【学位授予单位】：西南政法大学
【学位级别】：硕士
【学位授予年份】：2009
【分类号】：D922.6
本文编号：2459223
[Abstract]:Since the first World Climate Conference in 1979, climate change has been put on the agenda for the first time as an issue of concern to the international community. Subsequently, in recent years, more and more countries pay attention to climate change, its adverse effects and disasters have seriously threatened the survival of human beings and the sustainable development of the environment. China is also seriously affected by climate change, the trend of climate warming in the future will be further intensified, the frequency of extreme weather events may increase, the uneven distribution of precipitation is more obvious, and the frequency of heavy precipitation events will increase. The arid area is likely to expand; the sea-level rise trend is further intensified. Especially in 1997, influenced by the rare strong El Ni 帽 o phenomenon in recent 100 years, the global climate anomalies and natural disasters occurred frequently. Weather disasters characterized by high temperature and drought in northern China are characterized by continuous warming of climate in China, which is a year of poor agricultural climate conditions. In the face of the adverse effects of climate change, China has also issued a series of measures and actions. The plan to deal with climate change has been issued successively, such as "China's Climate change Program" (hereinafter referred to as "the Plan") and "China's policies and actions to deal with Climate change", and other white papers to deal with climate change. Climate change not only poses a threat to China's environment, but also poses a serious challenge to China's economic development strategy, energy strategy, greenhouse climate control, coastal development and agricultural and forestry resources. Therefore, dealing with climate change has become an important task in front of China. China has also made corresponding efforts to deal with climate change, actively participate in the international cooperation to combat climate change, undertake the emission reduction obligations established by relevant international treaties, and so on. Last year, with the introduction of the Programme and the White Paper, It also shows China's determination to deal with climate change. The Program and the White Paper also formulate the corresponding principles and mechanisms to deal with the present situation and challenges of climate change in China. Based on the interpretation of "Plan" and "White Paper", this paper analyzes how to deal with climate change from the level of legal system according to China's specific national conditions. Among these legal countermeasures, there are not only the provisions of existing laws and regulations, but also the reference to foreign legal systems. At the same time, some analysis is made on cleaner production, an important content of mitigating climate change. We hope to explore a legal path to deal with climate change, so that China's activities and measures to deal with climate change can be standardized and institutionalized. This paper is divided into three parts, the first part, China's response to climate change status and challenges. The present situation and challenges of climate change in China are systematically introduced in order to provide the basis for targeted measures to deal with climate change. The second part, China's response to climate change system and principles. This part analyzes the current institutional principles of climate change in China in the light of the relevant contents of the Plan and the White Paper, and provides the guidance of the principles for taking measures to deal with climate change. The third part, China's legal response to climate change. This part is also the core part of this paper, respectively from the existing legal provisions, how to improve the relevant legal system, how to achieve the legal relief of climate change, Analysis is made on the legal provisions of international cooperation and on raising the legal awareness of the people to deal with climate change. To provide the corresponding legal reference for China to deal with climate change.
【学位授予单位】：西南政法大学
【学位级别】：硕士
【学位授予年份】：2009
【分类号】：D922.6
【引证文献】
相关硕士学位论文 前6条
1 高大力;英国和苏格兰《气候变化法》述评[D];华东政法大学;2011年
2 姜琴琴;气候变化背景下的中国环境影响评价制度发展研究[D];上海交通大学;2010年
3 高敏;全降解聚甲基乙撑碳酸酯改性的研究[D];北京化工大学;2012年
4 柳珉;应对气候变化行政法律机制研究[D];中国地质大学(北京);2012年
5 唐子立;柑橘果园监测与规划模型的初步研究[D];华中农业大学;2012年
6 徐靓;气候变化对自然保护区的影响及法律对策研究[D];浙江农林大学;2012年
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