应对气候变化的伞状法律体系建设

Umbrella-shaped Legal System to Response Climate Change

应对气候变化,各国除了通力合作,制定并遵守有关国际公约外,还应制定具体的国内法,以实现本国的节能减排目标,并更快地适应气候变化的结果。西方一些国家,如日本、英国等,已经建立了较完备的伞状法律体系,使其更加从容地面对气候变化问题。我国虽然有不少单行法涉及到了循环经济、节能等内容,但并没有专门应对气候变化的基本法,更没有将已有的法律整合出一套法律体系。因此,采用环境法领域常见的"伞状立法"结构,建立一个以"气候变化应对法"为统摄的多层次的法律体系,显得尤为必要。

Apart from international conventions drawn by international cooperation, each country needs to draft their domestic laws to adapt to the result of climate change and achieve domestic goals of energy- saving as well as emission reduction. Some western countries, for instance, Japan and Great Britain, have possessed integral umbrella-shaped legal system to address climate change; the system and specialized basic law towards climate change have not yet been constructed in China in spite of several lexes, which has some- thing to do with circular economy or energy-saving. That is why a multilevel legal system with one basic law on climate change is very necessary, which would utilize umbrella-shaped legislative pattern, commonly seen in the field of environmental law.