2 Consideration and Framework issues

Integrity, actuality, manipulation and predictability are four basic requirements of legislation. Otherwise, for Act on Climate Change, the draft proposal needs to follow the International community. Which means the draft proposal is good for national interest, sustainable economic and social development as well as international cooperation. Therefore, in the process of researching and drafting, the draft proposal considered the current situation of controlling greenhouse gas emissions and guarantees of economy, science and technology, followed the legislation need and anticipation of development of Chinese economy and technology, referred to the current situation of climate change administration, combined with The 12th National Five Year Plan and other relevant laws. Meanwhile it also considered requirements of international treaties which China had attended.

The style of Act on Climate Change has to be more comprehensive and logical. Thus, it offers comprehensive laws and rules to address climate change, and also focuses on the key points, adopts the way (sectors, regions and links distinguished are combined) to build up regimes, systems and mechanisms. The draft proposal includes: general provisions; responsibility, right and obligation for addressing climate change; measures for decelerating climate change; measures for adapting to climate change; guarantees for addressing climate change; supervision and management for addressing climate change; education, publicity for addressing climate change and public participation; international cooperation on addressing climate change; legal liability ; supplementary provisions. There are 14 chapters，114articles. The reason for this arrangement is traditional legislative customs of resource and environment and the special needs, keys, highlights of addressing climate change. For example, since deceleration and adaption are crucial to climate change, the draft proposal sets two chapters: measures for decelerating climate change; measures for adapting to climate change; since guarantees of scheme, finance, invest, science and technology, taxation, price, insurance, credit, government procurement and funding play important roles in addressing climate change, the draft proposal set the chapter: guarantees for addressing climate change; since addressing climate change needs to enhance education and encourage public widely to participate in relevant activities, the draft proposal sets the chapter: education, publicize and for addressing climate change and public participation. Addressing climate change is not only a domestic issue, but a regional, even an international cooperation issue. It appeals to the whole world to negotiate and cooperate. International negotiation and cooperation requires China to take a clear stand and attitude, asking for guarantees of systems and mechanisms. Then, the draft proposal set the chapter: international cooperation on addressing climate change. In addition, addressing climate change is a macroscopic plan and strategic issue, also relating to the concrete actions of enterprises，citizens and government sectors. In order to make these actions effective, legal liability is needed. The draft proposal then sets the chapter: legal liability.

On the whole, the style of the draft proposal of Act on Climate Change is comprehensive and logical. It provides comprehensive laws and rules to address climate change, and also focuses on the key points, adopts the way (sectors, regions and links distinguished are combined) to build up the regimes, systems and mechanisms.

Go to Forum >>0 Comment(s)