“碳中和”愿景下应对气候变化法律体系的完善

Improvement of the legal system to deal with climate change under the vision of carbon neutrality

气候变化是当今人类面临的重大全球性挑战,运用立法手段应对气候变化已经成为各国共识。我国应对气候变化法律体系面临国内、国际上的双重压力,法律体系建设明显滞后,存在相关立法分散无法发挥合力、立法落后于政策实施、地方立法缺少上位法依据等问题。有必要充分借鉴各国立法经验,完善我国当前应对气候变化法律体系。建议尽快制定混合型的《中华人民共和国应对气候变化法》,作为低碳法律体系的政策性、基础性法律,并以此为依据修订完善相关法律法规,建立高层次、跨部门的管理机构推进具体制度的实施,为碳中和愿景提供法治保障。

Climate change is a major global challenge facing mankind today,using legislative means to deal with climate change has become a national trend.China's legal system to deal with climate change is facing dual pressures at home and abroad.The construction of the legal system is obviously lagging behind.There are some problems,such as scattered relevant legislation,unable to exert joint efforts,legislation lags behind policy,and lack of superior law support for local legislation.It is necessary to draw on the legislative experience of other countries and improve China's current legal system to deal with climate change.It is suggested that the mixed climate change law be formulated as soon as possible as the policy basic law of the low-carbon legal system,and relevant laws and regulations should be revised and improved based on this,and high-level and cross-departmental management agencies should be established to promote the implementation of specific systems,so as to provide legal support for the vision of carbon neutrality.