各国应对气候变化立法比较及其对中国的启示

Legislations to Cope with Climate Change:A Comparative Study and its Enlightenment to China

人类应对气候变化已进入关键时期,各国通过国内立法特别是应对气候变化的专门性立法来履行《气候变化框架公约》和《京都议定书》所确定的"共同但有区别的责任"。各国应对气候变化立法表明:是否制定专门的气候变化法与一国所处的不同阵营、现有立法状况等没有直接的关系,而主要与其承担的国际义务、受气候变化影响的大小、应对气候变化的态度有关。我国尚未制定专门的气候变化法,但借鉴已经有专门性气候变化法的国家的经验,结合中国国情,制定有中国特色的气候变化法应当成为中国的选择。

It has entered a crucial period to address climate change.Different countries promulgate domestic law and relevant specific law to fulfill their commitment pursuant to the ＂common but differentiated responsibility＂,which proposed in United Nations Framework Convention on Climate Change and Kyoto Protocol.Their experience in legislation showed that there is no direct relationship between specific lawmaking and the camp a country belongs to or the condition of legal system in that country.On the contrary,it has been strongly connected to the international obligation,the suffering from climate change,the attitude to respond such challenge.There is no specific law in this area in China.While it is indispensable for several concerns,the author believed that to make Climate Change Act by drawing lessons on the experience of other countries as well as involving Chinese characteristics is the best choice for China.