地方应对气候变化立法现状和关键问题初探

地方是应对气候变化活动的实施主体,通过立法来保障和支持地方减缓和适应气候变化行动十分必要.在国家专门性立法空缺的背景下,地方应对气候变化立法面临着立法时机、模式选择、利益协调和执行机制等一系列挑战和问题.地方立法者要重点把握经济关系变革性、利益相关者需求、社会实践成熟性、法律效力等级、立法路径、专门性制度、立法起草机制、法律执行机制等要素,以保障地方应对气候变化立法工作的预期实效.

The Status Quo and Key Issues of Local Climate Change Legislation

Local governments are the main body to act against climate changes, so it is of necessity to safeguard and support their mitigation and adaptation activities through legislation. In this paper, such challenges and problems as timing, mode, balance of interest, and implementation mechanism in the local legislation of climate change are pointed out after the background of domestic and international climate change legislation and the status quo of local climate change legislation are analyzed in face of the vacancy of national legislation of climate change. It is put forward that local legislators should focus the economic relations change, stakeholders＇ needs, social practice maturity, legal effect element level, legislative route, specialized system, legislative drafting mechanism, and law enforcement mechanism in order to guarantee the expected effect of local climate change legislation.