Interpretation of Act on Climate Change
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E-mail China.org.cn, March 31, 2012
6 International Cooperation on Climate Change
Addressing climate change in China can't be achieved without cooperation with the rest of the world. It is necessary to combine domestic actions with international cooperation, following international principles. As the largest developing country, China holds up the principle of "international cooperation" and "common but differentiated responsibilities". Besides, based on the principle of "common but differentiated responsibilities", China actively participates in international cooperation and keeps its promise in the field of climate change. On the basis of above all, the draft proposal makes detailed suggestions for participating in international dialogue and cooperation, attaining financial support, implementing CDM projects, international information communication of climate change, and others. The draft proposal then offers international sanction to protect national interest and fight against unreasonable carbon taxation for our civil aviation and shipping industries. That means China objects to varieties of trade protection in the name of addressing climate change. For example, Chinese government has the right to take international sanction in accordance with its situation, if other nations and international organizations levy unilateral taxes upon Chinese enterprises and enforce other trade protection, or levy unilateral taxes and fees upon Chinese inbound civil airplane, transit civil airplane and ships in the name of climate change.
7 Education, Publicity and Public Participation
Education, Publicity and public participation play an important role in implementation of legislation. The draft proposal sets articles of general demands, means of publicity, outward publicity, education of students, incumbent education, public participation and others. On the whole, The draft proposal makes following suggestions: incorporating climate change and its addressing into system of national education; taking full advantage of mass media; publishing Chinese climate change white paper and other relevant information in various languages by Publicity Departments of State Council; broadcasting programs and public service advertising of climate change, energy conservation and emission reduction, low carbon development and their relevance; placing climate change into the system of elementary education, higher education and vocational education; and putting climate change into the system on-the-job education. The draft proposal also attaches importance on measures of public participation and encourages all sectors of society to participate in climate change activities.
8 Legal Liability
Legislation needs not only introductive and principled rule, but concrete rules of rights and obligations. It is difficult to set legal liabilities for introductive rules. But it is necessary to set legal liabilities for concrete rights and obligations. Therefore, the draft proposal sets following rules: administrative sanction aiming at the illegal activities of state personnel; sanction by law aiming at principal person of local people's governments, which don't complete the target evaluation; measures of examination and approval limitation aiming at regions and enterprise association, which are inclined to pursue high energy-consuming; administrative punishments aiming at enterprises, which resort to trickery and fraud during inspection , or object the inspection, or refuse to report or submit a false report on registration items, or break rules of mandatory eliminating equipments, or operate without greenhouse gas emission quotas. Moreover, the draft proposal provides double penalty for enterprises not completing the targets of energy conservation and emission reduction. And double penalty means both punishing the enterprise and its principal person, people who has direct liability. The style of legal liability learns lessons from relevant resource, environment laws and rules for the necessity and practicability.
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