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气候变化应对和碳排放问题的解决主要取决于能源的“低碳化”。基于对“低碳”“气候变化”“温室气体”“碳排放”等概念的理解及立法梳理可以发现,中国现行法律在低碳领域存在严重问题:与国际法及国际发展趋势不相适应,滞后于低碳发展现实,法律与政策出现断层,形式上表现为几部零碎的规章。就能源法而言,也没有直接针对“低碳”的规定。因此,中国法治建设需要加强面向低碳的立法应对:一是要在总体上及时做出立法回应,并从政策措施转向法律调整,实现法律与政策的互动;二是要在能源法领域做出专门性应对,以此作为低碳法制建设的重点。
The solution to climate change and carbon emissions depends mainly on the “low carbon level” of energy. Based on the understanding and legislative combing of the concepts such as “low carbon”, “climate change”, “greenhouse gas” and “carbon emission”, we can see that the existing laws in China have serious problems in the low-carbon area: The international development trend does not meet the needs, lags behind the reality of low-carbon development, laws and policies appear a breakdown in the form of several fragmented regulations. In the case of the Energy Law, there is no direct “low carbon” requirement. Therefore, the construction of the rule of law in China needs to strengthen the legislative response to low carbon. First, we should make a timely legislative response on the whole and move from policy measures to legal adjustment to achieve the interaction between law and policy. The second is to make Specialized response, as the focus of low-carbon legal system.