气候资源的权属与法律治理

Ownership and Legal Governance of Climate Resources

气候在过去的产权制度中并不被作为一种财富,人们随着对气候利用的能力不断提高,对气候的资源属性愈加重视。为了更好地对气候资源进行法律治理,需要明确其权属。文章以黑龙江省在气候资源方面的条例和引发的争议入手,探讨气候资源的概念与特征,通过分析我国的法律权力的边界及公共信托理论确定气候资源的权属,即气候资源是一种公众共用物,并以公众共用物悲剧为诫,尝试探索出一条体系化、综合化、多主体、全过程的气候资源法律治理路径,以期更好地保护气候资源和合理地开发利用。

Climate is not regarded as a kind of wealth in the property rights system in the past,and with the continu-ous improvement of people’s ability to utilize climate,more and more attention is paid to the attributes of the climate resources.For the sake of better legal governance of climate resources,it is necessary to clarify their ownership.State ownership on climate resources has been set up in Heilongjiang province.This paper tries to discuss the con-cept and characteristics of climate resources from the perspective of regulations and disputes in this province.Through the analysis of laws,the boundary of power,and the theory of Public Trust,this paper also tries to define the ownership of climate resources.It is considered that the climate resources are commons.Based on the Tragedy of the Commons,the paper attempts to explore a systematic,comprehensive,multi-subject and whole-process legal governance path of climate resources,so as to improve the protection of climate resources and rationally develop and utilize them.