3 Basic Provision issue 

General provision provides fundamental guidance. Basically, the draft proposal regulates and develops legislation with several respects in general provision: First of all, the targets of legislation need uniqueness and gradation. Uniqueness of legislation targets reflects necessity and position of legislation. The draft proposal is unique. Its targets of legislation are "controlling greenhouse gas emissions, addressing national and regional climate change scientifically, promoting sustainable economic and social development", not included in current resource, energy and environmental protection legislation. Literally," controlling greenhouse gas emissions, addressing the national and regional climate change scientifically" are targets, "promoting sustainable economic and social development" is also a target. Meanwhile, the draft proposal regards "promoting sustainable economic and social development" as the ultimate legislation target, to protect national interest.

Secondly, range of application needs specificity and cohesion. The emissions and control of carbon dioxide, methane, nitrous oxide，hydro fluorocarbons, per fluorocarbons, sulfur hexafluoride were put into the range of Act On Climate Change, which is special. Nitrogen oxides and other greenhouse gas are atmospheric pollutants in current environmental legislation. And current environmental laws and rules set management and supervision over them. Rate of nitrogen oxides emissions is low in greenhouse emissions'. Considering the above conditions, the draft proposal provides "concrete management and supervision measures of greenhouse gas as atmospheric pollutant follow laws and rules on Prevention and Control of Atmospheric Pollution", which reflects cohesion. Besides, carbon black is able to cause global and regional warming. So it is regarded as a kind of greenhouse gas, satisfying actual needs of adjustment of legislation.

Thirdly, fundamental principles need guidance and practicality. Around core ideas of legislation, the draft proposal makes six principles: principles of sustainable and coordinated development, principles of equal emphasis on both deceleration and adaptation, principles of combination voluntary emission reduction with mandatory emission reduction, principles of addressing climate change scientifically, principles of coordinating policies, principles of mass participation. These principles are abstract, lying in the whole the draft proposal. They reflect the integrity and guidance. Generally speaking, these principles, with a view for Chinese situation, are adopted by countries in the world. For example, principles of addressing climate change scientifically places importance on the advancement and innovation of science, technology and management to address climate change, which takes the imbalance development of enterprises into consideration. Another example is principle of coordinating policy considering the truth that climate change legislation falls behind resource and environment legislation, which requires coordinating Climate Change legislative policies with other relevant ones, in case of disharmony and inconsistence.

Fourthly, primary systems need both universality and specificity. The draft proposal sets four predominant systems: planning system；government responsibility system；a cap- and – trade system of coal; system of levy or fee on emissions; information freely accessible. Literally, these systems are similar to relevant resource and environment laws and rules'. But they have their own feature. For example, government responsibility system emphasizes on the systems of target responsibility and examination of addressing climate change, incorporating regional emission reduction and energy efficiency for per-unit GDP into consideration for evaluation of local people's government and its leaders. Another is the emission caps system in the field of the prevention and control of atmospheric pollution and water pollution. This system is useful to control greenhouse gas emissions. So, we need to implement emission caps system of energy production and utilization in the field of controlling greenhouse gas emissions from the beginning. At the same time, we need to implement emission quotas system in the field of greenhouse house emissions. However, emission caps system of greenhouses house is different from the emission caps system of prevention and control of atmospheric pollution and water pollution in targets, means and ways .And it corresponds with our international standpoint. Meanwhile, there are lots of districts making trials on emission trade system, building up Exchanges with different trading domains, means and rules. Moreover, it is essential to take economical measures to control burning fuels from the beginning, which is the major way of greenhouse gas emissions. And if necessary, we can impose carbon tax. But how to do more scientifically, reasonably and fairly, is still a trouble. The draft proposal adopts compromise means and establishes the system of carbon tax at the stage of sale with principle of neutral tax. In addition, policies of the draft proposal need introduction and promotion. At the same time, they also make work arrangements for people's governments at various levels and relevant departments, guide enterprises, social groups and citizens to fulfill rights and obligations lawfully. So, the draft proposal makes the following basic policies: green and low carbon GDP development mechanism, changing the pattern of production, developing low carbon science and technology and economy; enhancing public awareness and scientific quality in addressing climate change.

Go to Forum >>0 Comment(s)