On the Administrative Law of China in Addressing Climate Change

This book puts forward new thinking on how the theory and system of China's administrative law can meet the requirements of the low-carbon era based on the 25-year (1990-2015) development of China's administrative law in addressing climate change. With the basic content and structure of administrative law as the analytical framework and from the two dimensions of restraining the government's own activities to meet low-carbon requirements and prompting the government to effectively perform the new function of implementing low-carbon regulations, this book systematically studies the due changes and developments of theories and systems such as the basic principles of administrative law, administrative entities, administrative actions, administrative processes and administration liabilities. The purpose of writing this book is to explore and answer the vital role of China's administrative law in coping with climate change as well as the development of theories and systems of China's administrative law to comply with the new requirements proposed by the government administration in the low-carbon era. This book is the world's first legal monograph devoted to low-carbon administration in China in the field of administrative law, with novel, prospective and pertinent viewpoints, unique analysis, rich content and detailed information. The study involves cross-disciplinary research in the field of environmental protection, environmental law and administrative law. The book is also a window for the development of China's administrative law, especially the overall development of low-carbon administration in China. The publication of this book can provide a necessary theoretical basis for follow-up in-depth research on this topic from both China's and international legal circles as well as related multidisciplinary researchers and provide a substantive reference for worldwide practical circles to make relevant decisions Brief Introduction of the Content Introduction Problems and Background Research Significance Literature Review Contents About the Authors 1 Response of Administrative Law to Climate Change 1 Addressing Climate Change: Contemporary Mission of Administrative Law 1.1 Legal Adjustment to Address Climate Change 1.2 Specific Role of Administrative Law in the Construction of Low-Carbon Society 2 Two Important Aspects of Administrative Law in Addressing Climate Change 2.1 Administrative Activities Restricting the Government Should Meet the Low-Carbon Requirements 2.2 Urging the Government to Effectively Perform the New Functions of Low-Carbon Regulations 3 Responding to the Low-Carbon Era: Reflections on the Basic Contents of Administrative Law 3.1 Basic Contents of Administrative Law 3.2 The Basic Contents of Administrative Law Have Not Yet Fully Addressed Low-Carbon Related Problems 2 Study on Low-Carbon Administrative Principle 1 Basic Principles of Traditional Administrative Law and Their Era Limitations 1.1 Main Contents of Basic Principles of Traditional Administrative Law 1.2 Era Limitations of Basic Principles of Traditional Administrative Law 2 Proposal of Low-Carbon Administrative Principle 2.1 The Need to Establish Low-Carbon Administrative Principle 2.2 Legal Basis of Low-Carbon Administrative Principles 3 Basic Parts of Low-Carbon Administrative Principle 3.1 Administrative Value Goal of Ecological Protection Priority 3.2 Administrative Actions Requirements for Energy Conservation and Emission Reduction 3.3 Strengthening the Administrative Mode of Ecological Environment Risk Management 3.4 Building a New Low-Carbon Administrative Performance Management System 3 Research on Low-Carbon Administrative Entity 1 Organization Law Elements of Administrative Entity 2 Low-Carbon Regulation of Institutional Elements of Administrative Entity 2.1 Non-Low-Carbonization of Institutional Elements 2.2 Path Selection of Low-Carbonization of Institutional Elements 3 Low-Carbon Regulation of Personnel Elements of Administrative Entity 3.1 Non-Low-Carbonization of Personnel Elements 3.2 The Path Selection of Low-Carbonization of Personnel Elements 4 Low-Carbon Regulation of Material Support Elements of Administrative Entity 4.1 Non-Low-Carbonization of Material Support Elements 4.2 Path Selection of Low-Carbonization of Material Support Elements 5 Improvement of Organization Law for Low-Carbonization of Administrative Entity 5.1 Establishing the Principles of Low-Carbon Organization Law 5.2 Setting Low-Carbon Behavior Modes 5.3 Adding Legal Liability Clauses 4 Research on Low-Carbon Administrative Procedures 1 Types of Traditional Administrative Procedures and Their Defects in Low-Carbon Era 1.1 Basic Types of Administrative Procedures 1.2 Defects of Managed Procedures 1.3 Defects of Judged Procedures 1.4 Defects of Participatory Procedures 2 Elements and Requirements of Low-Carbon Administrative Procedures 2.1 Importance of Constructing Low-Carbon Administrative Procedures 2.2 Basic Elements of Administrative Procedures 2.3 Requirements for Low-Carbon Procedures in Terms of Subject 2.4 Requirements for Low-Carbon Procedures in Terms of Time 2.5 Requirements for Low-Carbon Procedures in Terms of Space 3 Construction of Low-Carbon Administrative Procedures 3.1 Establishing Simplified and Low-Carbon Procedural Principles 3.2 Basic Systems of Low-Carbon Administrative Procedures 5 Improving the Administrative Legislation for Low-Carbon Regulation 1 Strengthening the Administrative Legislation for Low-Carbon Consumption 1.1 Meaning of Low-Carbon Consumption 1.2 Current Status and Problems of the Administrative Legislation for Low-Carbon Consumption 1.3 Necessity of Strengthening the Administrative Legislation for Low-Carbon Consumption 1.4 Improvement of the Administrative Legislation for Low-Carbon Consumption 2 Resources for the Effective Implementation of Low-Carbon “Soft Law” Should Be Fully Allocated in the Law Formulation 2.1 Application of Soft Law in the Construction of a Low-Carbon Society 2.2 Proposal of Ensuring the Effective Implementation of Soft Law 2.3 Full Development of Guiding Resources 3 The Model of Joint Legislation Should Be Fully Utilized for the Administrative Legislation in Low-Carbon Field 3.1 Basic Mode of Administrative Legislation in China 3.2 Necessity of Joint Administrative Legislation in Low-Carbon Field 3.3 Basic Thoughts on Improving Joint Administrative Legislation 6 Improving the Administrative Licensing for Low-Carbon Regulation 1 Role of Administrative Licensing in the Construction of a Low-Carbon Society 1.1 Special Functions of Administrative Licensing in Implementing Low-Carbon Regulation 1.2 Shortcomings of Existing Administrative Licensing in Low-Carbon Vision 2 Construction of Low-Carbon Administrative Licensing System 2.1 Low-Carbonization of Administrative Licensing Setting 2.2 Low-Carbonization of Administrative Licensing Procedure 2.3 Low-Carbonization of Administrative Licensing Implementation 3 Green Patent Licensing System in Low-Carbon Construction 3.1 Traditional Environmental Administrative Licensing and Green Patent Licensing 3.2 Active Role of the Green Patent System in Addressing Climate Change 3.3 Construction of Green Patent System 7 Administrative Guidance for Innovative Low-Carbon Regulation 1 Practical Difficulties in Administrative Guidance for Promoting Energy Conservation & Emission Reduction Among Citizens 1.1 Role of an Individual Citizen in Energy Conservation and Emission Reduction 1.2 Shortcomings of Administrative Guidance in Effectiveness 2 Conversion of Administrative Guidance Concepts in Low-Carbon Era 2.1 Concepts of Existing Administrative Guidance 2.2 Result-Oriented Should Be Highlighted in Administrative Guidance 3 Strengthening the Pertinence of Administrative Guidance 3.1 Crux Analysis of Existing Administrative Guidance 3.2 Strengthening the Pertinence of Administrative Guidance 4 Path of Innovative Administrative Guidance 4.1 Use Warnings to Provide Guidance 4.2 Use Restraints to Provide Guidance 4.3 Use Organizations to Provide Administrative Guidance 4.4 Use Effect Feedback to Provide Guidance 4.5 Use Exemplification to Provide Guidance 8 Application and Development of Administrative Penalties in Low-Carbon Field 1 Application of Administrative Penalties in Energy Conservation and Emission Reduction 1.1 Legal Provisions of Current Administrative Penalties 1.2 Analysis on Main Shortcomings of Administrative Penalties 2 Developing Administrative Penalty Systems for Ecological Protection 2.1 Establishing Penalty Principles for Preventing and Remedying Damages 2.2 Strengthening Administrative Penalties Against Law-Breaking Citizens 2.3 Introducing Precautionary Administrative Penalties to Prevent Ecological Risks 2.4 Establishing Administrative Penalties for Ecological Restoration 2.5 Adding Administrative Penalties for Ecological Compensation 9 Application and Development of Administrative Enforcement in Low-Carbon Field 1 Function of Administrative Enforcement in the Field of Energy Conservation and Emission Reduction 2 Application of Current Administrative Enforcement 2.1 Application of Administrative Enforcement Measures 2.2 Application of Administrative Enforcement Implementation 2.3 Administrative Enforcement in Special Legislation for Energy Conservation and Emission Reduction 2.4 Shortcomings of Current Administrative Enforcement 3 Improvement of Administrative Enforcement in Low-Carbon Field 3.1 Individual Citizens Should Be Included in the Scope of Administrative Enforcement 3.2 Types of Innovative Administrative Enforcement 3.3 Revising and Improving the Legal Provisions on Administrative Enforcement 10 Strengthening the Management of Carbon Information Disclosure 1 Carbon Information Disclosure 1.1 Meaning of Carbon Information Disclosure 1.2 Significance of Carbon Information Disclosure 1.3 Two Basic Modes of Carbon Information Disclosure 2 Current Status of Carbon Information Disclosure Management in China 2.1 Provisions of the Current Legislation 2.2 Shortcomings of the Existing Carbon Information Disclosure Management System 3 Improvement of Carbon Information Disclosure System 3.1 Perfecting the Legislation for Carbon Information Disclosure System 3.2 Fully Motivating the Enterprises to Disclose Carbon Information 11 Low-Carbon Administrative Liability and Construction of Its Investigation Mechanism 1 Construction of Internal Administrative Liability Investigation Mechanism 1.1 Shortcomings of Internal Administrative Liability Investigation Mechanism 1.2 Thoughts on Perfecting the Internal Administrative Liability Investigation Mechanism 2 External Administrative Liability Investigation Mechanism: Taking Administrative Litigation as an Example 2.1 Foreign Case: Analysis on the First Case of Climate Change Administrative Litigation in America 2.2 Thoughts on Establishing China’s Low-Carbon Administrative Litigation System References Chinese Literature Foreign Literature Postscript