Energy Saving and Emission Reduction Should Improve the Legal Status of Carbon Dioxide

The carbon dioxide emitted into the atmosphere mainly comes from the combustion of natural gas, oil and coal and other fuels. However, because the photosynthesis of green plants consumes carbon dioxide, the content of carbon dioxide in the atmosphere remains basically unchanged, generally about 0.03% (volume fraction) or so; and because carbon dioxide is directly present in human, animal, plant life activities Among the intakes and discharges, carbon dioxide is usually not considered to be an atmospheric pollutant. However, in recent years, due to the dramatic increase in the consumption of natural gas, petroleum, coal, and other fuels, a large amount of carbon dioxide has been emitted into the air; and due to various reasons, the area of ​​forest that can absorb carbon dioxide is continuously decreasing, grassland is seriously degraded, and desertification is aggravated. The carbon dioxide content in the air keeps increasing. When the volume fraction of carbon dioxide in the air reaches 1%, people will breathe faster; when it reaches 2%, people will feel mild discomfort; when it reaches 3%, there will be obvious discomfort; when it reaches 4%, You will feel difficulty in breathing and you will become dull; when you reach 5%, you will feel unbearable; when you reach 10%, you may suffer from suffocation and death. Therefore, carbon dioxide pollution in the atmosphere should be taken seriously.
At present, there is no law in China that explicitly treats carbon dioxide as a pollutant. The laws related to air pollution control in China include the Environmental Protection Law, the Air Pollution Prevention Law, the Clean Energy Law, and the Energy Conservation Law. The "Environmental Protection Law" and the "Air Pollution Prevention and Control Law" control the emission of air pollutants such as smoke and sulfur dioxide and control the emission of depleting substances from the ozone layer, but it does not classify carbon dioxide as a pollutant, and it does not regulate carbon dioxide emissions; Although the "Clean Energy Law" and the "Energy Conservation Law" stipulate measures for energy conservation and emission reduction, due to the lack of regional control and total control systems and lack of strict administrative penalties, the two laws have played a very limited role.
In recent years, many countries have begun to incorporate emission control of greenhouse gases into the adjustment scope of the Environmental Pollution Prevention Act. For example, Australia, Canada and other countries have legally treated carbon dioxide as an air pollutant; almost all EU countries have imposed carbon taxes and established environmental taxes and fees related to the emission of greenhouse gases emitted by auto and industrial companies. The EU promulgated the "Greenhouse Gas Emissions Trading Directive" in March 2003 and established a greenhouse gas emissions trading system. Many countries also impose severe penalties for violations of regulations on carbon dioxide emissions, of which EU countries are the most severe. Although the federal government of the United States has always maintained a passive attitude toward the regulation of carbon dioxide emissions, some states with positive attitudes have signed a binding interstate agreement for the exchange of carbon dioxide emissions to reduce carbon dioxide emissions. On April 2 this year, the U.S. Supreme Court ruled that carbon dioxide is a pollutant and should be adjusted by the Clean Air Act. The Federal Environmental Protection Agency should regulate the emissions of automobile exhaust.
China has recently comprehensively strengthened energy conservation and emission reduction. The State Council has issued the “Comprehensive Work Plan for Energy Saving and Emission Reduction” formulated by the National Development and Reform Commission and relevant departments, and established the State Council’s Energy Saving and Emission Reduction Leading Group under the leadership of Premier Wen Jiabao. The National Plan for China’s Response to Climate Change, which was participated in by several agencies and compiled over the past two years, was announced not long ago, and some amendments to environmental legislation are being carried out in full swing. For this reason, the author suggests that China should learn from the experience of the United States, Canada, and other countries, and classify CO2 as a pollutant; establish a regional and enterprise total control system for CO2 emissions, establish a CO2 emission charging system, and establish an emission index trading system And the national reserve system for emission indicators, and strengthen penalties for violations. Only in this way can we effectively reduce the total amount of carbon dioxide emissions in China and achieve the grand goal of energy conservation and emission reduction in China.

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