生态文明建设中我国低碳农业发展法律问题研究
发布时间：2018-12-11 05:37
【摘要】：气候变化问题已成为国际政治博弈和经济竞争的焦点,它直接关系到各国的发展权益。十八大明确提出建设生态文明的历史任务,强调着力推进绿色发展、循环发展、低碳发展,为我国积极应对气候变化、参加气候变化博弈提供了重要指导。低碳农业以其低投入、低能耗、低污染的产业特性及稳产、优质、高效的发展理念,成为应对气候变化以及推动农业健康、稳定、可持续发展的重要途径。农田生态系统碳库是全球碳库和陆地生态系统碳库的重要组成部分,农业系统具有碳源和碳汇的双重特征,因此,减少农业碳排放、增加农业碳汇意义重大。发展低碳农业有助于生态环境保护和农业经济可持续发展双重目标的实现,在建设生态文明的大框架中优先发展低碳农业是应对气候变化的战略途径,有利于促进我国农业绿色、可持续发展。 为有效解决我国低碳农业发展问题,本研究首先对生态文明建设中我国低碳农业发展的理论基础进行梳理。本论文以生态文明的内涵、源流及其在农业发展进程中的演变历程为切入点探讨生态文明的释义,从低碳农业的特征与功能入手厘定本论文所指的低碳农业内涵及其与相关概念间的辨析。本研究致力于将生态文明建设中低碳农业发展这一涉及经济学、生态学等多学科背景的农业问题统筹于法学研究的视阈下,通过对环境公平与正义理论、利益平衡理论、外部性理论、环境价值理论、生态系统理论、熵与耗散结构理论等理论进行梳理,为生态文明建设中我国低碳农业的发展提供理论借鉴。 其次,在文献分析和实证调研的基础上,通过对我国低碳农业发展现状考量,揭示面临的问题并探究其根源。低碳农业发展面临的具体问题主要包括：对发展低碳农业认识不足、政府支持空间小,发展低碳农业的投融资机制缺位,农业科技推广体制的激励作用不强、科技支撑力度弱,劳动力结构不合理,缺乏规范有效的中介服务体系等。低碳农业发展问题的根源主要是财税制度对低碳农业发展支持力度的不足,低碳农业的金融支持缺位,低碳农业风险分散制度的不完善,低碳农业的技术创新机制与人才培育机制的不健全等。 再次,考察相关国家或地区低碳农业发展政策与实践。通过考察美国、日本、德国、加拿大以及中国台湾地区的低碳农业发展现状,对不同国家或地区的低碳农业发展政策与实践进行深入分析,为我国低碳农业的进一步发展提供一定的经验与借鉴,得出以下借鉴结论：建立完备的低碳农业法律体系,加强政府的政策引导与倾斜力度,增强科技支撑力,寻求农产品加工与营销环节的有效联结、提高经济效益等。 最后,生态文明建设中我国低碳农业发展法律问题解决对策中,一是要构建低碳农业发展法律制度,包括低碳标准和碳交易制度、低碳农业预算制度、绿色信贷、碳金融等金融支持法律制度、低碳农业风险防控与补偿制度等；二是要完善低碳农业发展政策激励与保障机制,如健全财政激励机制、优化低碳农业科技人才培育机制、建立低碳农业利益联结机制等；三是要从农业低碳技术及其标准体系和低碳农业基础数据库入手,健全低碳农业技术创新机制。 本论文旨在为相关立法或宏观决策提供参考依据,并促进我国农业由“高碳”向“低碳”转变,推动生态文明建设目标的实现,帮助我国在国际气候变化博弈中处于有利地位。
[Abstract]:The problem of climate change has become the focus of international political game and economic competition, and it is directly related to the development rights and interests of all countries. The 18th National Congress of the Communist Party of China (CPC) has put forward the historical task of building the ecological civilization, stressing the importance of promoting green development, circular development and low-carbon development, and providing important guidance for our country to actively cope with the climate change and to participate in the climate change game. Low-carbon agriculture is an important way to deal with climate change and to promote the healthy, stable and sustainable development of agriculture with its low input, low energy consumption, low pollution and high yield, high quality and high efficiency. The carbon pool of the farmland ecosystem is an important part of the carbon pool of the global carbon pool and the land ecosystem, and the agricultural system has the dual characteristics of the carbon source and the carbon sink, thus reducing the agricultural carbon emission and increasing the agricultural carbon sink significance. The development of low-carbon agriculture is beneficial to the realization of the dual goal of ecological environment protection and the sustainable development of the agricultural economy. The development of the low-carbon agriculture in the framework of the construction of the ecological civilization is a strategic approach to the climate change, which is conducive to the promotion of green and sustainable development in our country. In order to effectively solve the problem of China's low-carbon agricultural development, this study firstly combs the theoretical basis of the development of low-carbon agriculture in the construction of ecological civilization The paper, based on the connotation and origin of ecological civilization and its evolution in the process of agricultural development, discusses the definition of ecological civilization from the point of view of the characteristics and functions of low-carbon agriculture. This study is devoted to the development of the low-carbon agriculture in the construction of the ecological civilization, which is an important part of the study on the development of the low-carbon agriculture in the ecological civilization. The research is based on the theory of environmental justice and justice, the theory of interests balance, the external theory and the environmental value. The theory of the ecosystem, the theory of entropy and the structure of the dissipation structure, etc., can be used to provide a theoretical basis for the development of the low-carbon agriculture in the construction of the ecological civilization. Secondly, on the basis of literature analysis and empirical research, through the consideration of the present situation of low-carbon agricultural development in China, this paper reveals the problems and probes into the problems. The problems faced by low-carbon agricultural development mainly include the shortage of the low-carbon agriculture, the lack of the government support space, the lack of the financing mechanism for developing the low-carbon agriculture, the non-strong incentive effect of the agricultural science and technology extension system, the weak support of science and technology and the structure of the labor force. Unreasonable, lack of normative and effective intermediary services The root causes of the development of low-carbon agriculture are the shortage of the support of the low-carbon agricultural development, the absence of the financial support of the low-carbon agriculture, the imperfection of the low-carbon agricultural risk distribution system, the mechanism of the technological innovation of the low-carbon agriculture and the mechanism of the cultivation of the talents. Sound and so on. Once again, examine the development of low-carbon agriculture in the relevant countries or regions By examining the current situation of low-carbon agricultural development in the United States, Japan, Germany, Canada and Taiwan, a deep analysis of the development policies and practices of low-carbon agriculture in different countries or regions is carried out to provide a certain degree for the further development of the low-carbon agriculture in China Experience and reference, draw the following conclusions: establish a complete low-carbon agricultural legal system, strengthen the government's policy guidance and inclination, strengthen the supporting force of science and technology, and seek the effective connection of the processing of agricultural products and marketing In the end, the legal system of low-carbon agricultural development in China is to construct the low-carbon agricultural development legal system, including the low-carbon standard and the carbon trading system, the low-carbon agricultural budget system, the green credit and the carbon finance. To support the legal system, the low-carbon agricultural risk prevention and control and compensation system, etc.; 2. to improve the incentive and safeguard mechanism of the low-carbon agricultural development policy, such as the sound financial incentive mechanism, the optimization of the low-carbon agricultural science and technology talent cultivation mechanism, and the establishment of the low-carbon agriculture The three is to start with the low-carbon technology of agriculture and its standard system and low-carbon agricultural basic database, and improve the low-carbon agriculture The purpose of this paper is to provide reference basis for relevant legislation or macro-decision, and to promote the transformation of agriculture from 鈥渉igh carbon鈥，
本文编号：2371978
[Abstract]:The problem of climate change has become the focus of international political game and economic competition, and it is directly related to the development rights and interests of all countries. The 18th National Congress of the Communist Party of China (CPC) has put forward the historical task of building the ecological civilization, stressing the importance of promoting green development, circular development and low-carbon development, and providing important guidance for our country to actively cope with the climate change and to participate in the climate change game. Low-carbon agriculture is an important way to deal with climate change and to promote the healthy, stable and sustainable development of agriculture with its low input, low energy consumption, low pollution and high yield, high quality and high efficiency. The carbon pool of the farmland ecosystem is an important part of the carbon pool of the global carbon pool and the land ecosystem, and the agricultural system has the dual characteristics of the carbon source and the carbon sink, thus reducing the agricultural carbon emission and increasing the agricultural carbon sink significance. The development of low-carbon agriculture is beneficial to the realization of the dual goal of ecological environment protection and the sustainable development of the agricultural economy. The development of the low-carbon agriculture in the framework of the construction of the ecological civilization is a strategic approach to the climate change, which is conducive to the promotion of green and sustainable development in our country. In order to effectively solve the problem of China's low-carbon agricultural development, this study firstly combs the theoretical basis of the development of low-carbon agriculture in the construction of ecological civilization The paper, based on the connotation and origin of ecological civilization and its evolution in the process of agricultural development, discusses the definition of ecological civilization from the point of view of the characteristics and functions of low-carbon agriculture. This study is devoted to the development of the low-carbon agriculture in the construction of the ecological civilization, which is an important part of the study on the development of the low-carbon agriculture in the ecological civilization. The research is based on the theory of environmental justice and justice, the theory of interests balance, the external theory and the environmental value. The theory of the ecosystem, the theory of entropy and the structure of the dissipation structure, etc., can be used to provide a theoretical basis for the development of the low-carbon agriculture in the construction of the ecological civilization. Secondly, on the basis of literature analysis and empirical research, through the consideration of the present situation of low-carbon agricultural development in China, this paper reveals the problems and probes into the problems. The problems faced by low-carbon agricultural development mainly include the shortage of the low-carbon agriculture, the lack of the government support space, the lack of the financing mechanism for developing the low-carbon agriculture, the non-strong incentive effect of the agricultural science and technology extension system, the weak support of science and technology and the structure of the labor force. Unreasonable, lack of normative and effective intermediary services The root causes of the development of low-carbon agriculture are the shortage of the support of the low-carbon agricultural development, the absence of the financial support of the low-carbon agriculture, the imperfection of the low-carbon agricultural risk distribution system, the mechanism of the technological innovation of the low-carbon agriculture and the mechanism of the cultivation of the talents. Sound and so on. Once again, examine the development of low-carbon agriculture in the relevant countries or regions By examining the current situation of low-carbon agricultural development in the United States, Japan, Germany, Canada and Taiwan, a deep analysis of the development policies and practices of low-carbon agriculture in different countries or regions is carried out to provide a certain degree for the further development of the low-carbon agriculture in China Experience and reference, draw the following conclusions: establish a complete low-carbon agricultural legal system, strengthen the government's policy guidance and inclination, strengthen the supporting force of science and technology, and seek the effective connection of the processing of agricultural products and marketing In the end, the legal system of low-carbon agricultural development in China is to construct the low-carbon agricultural development legal system, including the low-carbon standard and the carbon trading system, the low-carbon agricultural budget system, the green credit and the carbon finance. To support the legal system, the low-carbon agricultural risk prevention and control and compensation system, etc.; 2. to improve the incentive and safeguard mechanism of the low-carbon agricultural development policy, such as the sound financial incentive mechanism, the optimization of the low-carbon agricultural science and technology talent cultivation mechanism, and the establishment of the low-carbon agriculture The three is to start with the low-carbon technology of agriculture and its standard system and low-carbon agricultural basic database, and improve the low-carbon agriculture The purpose of this paper is to provide reference basis for relevant legislation or macro-decision, and to promote the transformation of agriculture from 鈥渉igh carbon鈥，
本文编号：2371978
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