阅江学刊Issue(4)：62-71,10.
气候资源的立法进路与规范构造
Legislative Approach and Normative Construction of Climate Resources:Analysis Based on the Experience of Local Legislation on Climate Resources
摘要
Abstract
China's current legislation can not meet the objective needs of the development,utilisation and protection of climate resources,and the need to strengthen the central legislation on climate resources has become a consensus in both the theoretical and practical circles.Theoretical circles have put forward a variety of ideas such as codification,separate legislation,codification and so on,but this one-step legislative thinking is not feasible.The central legislation on climate resources should be based on respecting,summarising and refining the experience of local legislation on climate resources,and adopting a"two-step"legislative approach:the State Council shall first formulate administrative regulations on climate resources,and then upgrade them to laws on climate resources after they have been implemented and gained experience.At the present stage,the administrative regulations on climate resources should be the focus of legislation,taking into account the due content of the law on climate resources.The local legislation on climate resources provides local experience for the normative construction of the central legislation on climate resources in terms of name elements,basic structure and legal responsibilities.On this basis,the structure and content of the central legislation on climate resources can be extended,and the contents of"cross-domain synergy on climate resources"and"international cooperation on climate resources"can be added,so as to supplement the system of the missing or unreasonable parts of the existing local legislation.The missing or unreasonable parts of the existing local legislation should be supplemented,amended and unified,so as to gradually promote the systematic construction of the climate law.关键词
气候资源/"双碳"目标/气候可行性论证/地方立法/"十五五"规划引用本文复制引用
刘小冰..气候资源的立法进路与规范构造[J].阅江学刊,2025,(4):62-71,10.基金项目
江苏省哲学社会科学重点课题"长江经济带跨域污染防治法律对策研究"(21FXA002). （21FXA002）
