On the Legal Logic of Climate Resource Legislation

The tradition of natural resources law has influences upon our current theory and practice of natural resource legislation. Conservative and lagging performance is more obvious, and it is difficult to adapt to the need for legislation for the development and utilization of new natural resources type. Based on the climate resources characteristic and the special process of development and utilization, climate resources legislation does not conduct the property right system design as the prerequisite, and should take the administrative power as the endogenous variable of legislation. The Climate resources legislation system structure should include the following three aspects: reasonable regulation and guidance on climatic resource utilization access, eliminating external influence in the process of the climate resources utilization, coordinating the conflict of interests which may be triggered by of climatic resources utilization.