Challenges and responses of China’s energy legal system under the double carbon target

Abstract

The deep-seated problem of carbon neutrality is the energy problem, and the change in energy consumption structure determines the degree of achieving China’s double carbon target. The basic path to achieve the dual carbon goal is to realize the rule of law in energy governance, and the premise of the rule of law in energy governance is to establish a perfect energy legal system. In this paper, we use literary analysis to understand the current research status of this topic, normative and empirical analysis to understand the current legal norms and their implementation status of the implementation of the dual carbon goal in China, and comparative analysis to understand the construction status of the energy legal system of each country in achieving the dual carbon goal. In China, there are also problems such as the dilemma of energy law structure, the lack of dual-carbon legislative goals, the lack of basic framework laws, and the disconnection between energy laws and energy policies, etc. To remedy these dilemmas and shortcomings, the path of constructing a perfect energy law and regulation system is to: establish a Chinese energy development plan with dual-carbon goals; to formulate a basic energy law to lay the framework of China’s energy legal system; to establish the concepts and principles of energy legislation as the basis for maintaining a coordinated and unified energy legal system and so on.