Legal Cultivation on Low-carbon Use of China's High-carbon Resources Available online at www.sciencedirect.com Energy Procedia 5 (2011) 952–956 1876–6102 © 2011 Published by Elsevier Ltd. doi:10.1016/j.egypro.2011.03.168 IACEED2010 Legal Cultivation on Low-carbon Use of China’s High-carbon Resources Guo Lia,b , Ding Sanqinga, Cui Qiangc, Zhu Yunlanb aSchool of Managem ent .China University Of Mining And Technology , Xuzhou, 221008, Jiangsu Province, China bXuzhou Institute of Technology, Electronic Engineering Departm ent, Xuzhou 221008, Jiangsu Province, china cXuzhou Air Force Academ y, Xuzhou 221000 , Jiangsu Province, china Abstract Fully reviewed the existing laws and regulations for High- carbon Resources and low carbon ization use of the p rovisions, inductived the p resent deficiency in p resent legal sy stem for High-carbon Resources and low carbonization use p ointed out that we should p lay the role of breeding of env ironmental r esources to achieve sustainable develop ment objectives. Keywords: High-carbon Resources; Low-carbon Use; Legal cultivation 1. Introduction Heavy industry plays a very important role in our industrialization develop ment stage, which is with high energy consumption, lo w effic iency and heavy pollution. And coal with high carbon hold a leading post in fossil energy. Coal will occupy a pro minent place in the very long period because of fossil energy characteristics and renewable energy status . Coa l p lays a main ro le in energy structure (about 70% ), which is the main energy and an important raw material fo r chemica l industry. Coal as carbon highest carbon energy, the high carbon energy development d irection is to low-ca rbon use of china’s high-carbon resources . The basic require ments of low-carbon us ing of china’s high-carbon resources is the high efficiency, lo w e mission and less pollution, rea lizing ways fro m the source, the process to include the whole life cyc le of the terminal. Increase the proportion of coal washing, reducing coal output and direct combustion, fro m the source control of pollutants, and developing coal conversion technology promptly, * Corresponding aut hor. Tel.: 13852008867; E-m ail address: cqglglcq1112@sina.com. Open access under CC BY-NC-ND license. © 2011 Published by Elsevier Ltd. Selection and peer-review under responsibility of RIUDS Open access under CC BY-NC-ND license. http://creativecommons.org/licenses/by-nc-nd/3.0/ http://creativecommons.org/licenses/by-nc-nd/3.0/ Guo Li et al. / Energy Procedia 5 (2011) 952–956 953 such as the all-round, advanced combustion, low carbon products synthesis technology . Lowe r coal consumption strength, reduce the pollution e mission process . Increase coal and coal consumption and product management and control of pollutants and realizat ion of coal and coal c leaner product. On top of this , to achieve h igh carbon energy use lo w ca rbonizat ion of this goal, we need to ta ke co mp rehensive safeguard way, including technical, economic and legal aspects . With the characteristics of mandatory, stability, authority and normative in law, the function of law in many ways of guarantee superiority has important function. 2. The legal connotation on low-carbon using of china’s high-carbon resources At present, the low-carbon using of china’s h igh-carbon resources focuses on technical leve l ca rbide, it can be detected that, there are three meanings on lo w-carbon using of china’s h igh-carbon resources from the legal Angle: 2.1. High-carbon Resources Supply Security Which means in a fa ir and reasonable steady range, to achieve h igh carbon and energy resources using low ca rbide in the technology, and there is rich enough high carbon energy resources supply to meet in the social development of the country or region, the economic development and social stability . 2.2. High-carbon Resources Economic Efficiency That means to make economic and utilizat ion of energy coordinate develop ment in the base of low- carbon using of china’s high-carbon resources. In the first place, it is the saving of high carbon energy resources and using efficiency, and to realize the sustainable development. 2.3. High-carbon Resources Environmental Protection That means to reduce the high ca rbon energy on the environ ment and the e ffects of climate change, energy, and resources coordinating strategic and environmental protection . On the ecologica l environ ment protection in the develop ment and utilizat ion of energy resources, high carbon in h igh energy resource utilization of low carbonization to protect the ecologica l environment. High-carbon resources supply security, high-carbon resources economic effic iency and high-carbon resources environmental protection should be coordination development. The three aspects are integrated, equally important and inseparable. It is shown in chart 1. Th e l e gal con n otati on High-carbon Resources Supply Securit y High-carbon Resources Economic Efficiency High-carbon Resources Environment al P rot ect ion 954 Guo Li et al. / Energy Procedia 5 (2011) 952–956 Fig. 1. Legal connotation of Low-carbon Use of China’s High-carbon Resources There are d ifferent types of diversificat ion, each with varying characteristics and levels of risk, and it is a set of s ystem of production, transportation, distribution and utilizat ion in diffe rent degree of high carbon and energy resources . And in the environmental permit within the scope of the state or the basic guarantee of different areas of high carbon energy resources supply security. 3. The legislation of Low-car bon Use of China’s High-carbon Resources There were so many relig ious doctrine, the family pla in speaking and legislation about environment protection lifestyle in Ch ina. After thousands of years of adjustment, enrich and develop, they played significant influences in the cultural of country environment. The modern ru le of Ch ina, lega l culture of low-ca rbon use got a lot of environmental resources legislation confirmat ion and reflects . For nearly a decade, total issued dozen laws , whether the number of la ws and frequency are showing the urgency of cultivating low carbonization use or importance. And legal increasingly meticulous and overall T able 1.Legislation of Low-carbon Use of China’s High-carbon Resources Legal name T ime Development Of Circular Economy 2008 T he P revention And Control Of Water P ollution 2008 Count ry Planning Law 2007 Energy Conservation Law 2007 Renewable Energy Law 2005 T he Law Of P revention Of Environmental Pollution Caused By Waste 2004 T he Law Of P revention And Control Of Desertification 2003 Administ rative Permission Law 2003 T he Law Of P revention And Control Of Radioactive Pollut ion 2003 T he Law Of Evaluation Of Environmental Effects 2002 Wat er Law 2002 T he Law Of P romotion Of P romotion Of Cleaner P rodut ion 2002 In a co mprehensive legislat ion and policy level Energy Conservation Law in a c learly defined in article 2 of the energy of the species : Refe rred to energy by means of coal, oil, natural gas, biomass energy and power, and heating and other directly or through processing, transform and obtain useful can of all kinds of resources. The third middle finger and clear low carbonization connotation : Referred to save energy (hereinafter refe rred to as the energy s aving) refers to strengthen energy -using manage ment, adopt feasible in technique and reasonable in econo my and environ ment and socially Guo Li et al. / Energy Procedia 5 (2011) 952–956 955 acceptable measures, fro m energy production to the consumption of each link, lowe ring consumption and reduce the loss and emission and stop wasting, effective and reasonable utilization of energy. 4. Legal cultivation on Low-carbon Use of China’s High-carbon Resources 4.1. Further implementing the strategy of sustainable development At the 1992 UN Confe rence on Environ ment and De velop ment (UNCED), governments made a commit ment to adopting national strategies for sustainable development. The strategies for sustainable development called for at Rio are foreseen as highly participatory instruments intended "to ensure socially respons ible economic development while protecting the resource base and the environment for the benefit of future generations". The OECD's "Shaping the 21st Century" (1996) ca lls for the formu lation and imple mentation of such strategies in every country by 2005 - one of the seven International Develop ment Goa ls (IDGS) - and for development co-operation agencies to support such processes in developing countries. The 1997 Specia l Session of the UN General Assembly set a target date of 2002 for introducing strategies . 4.2. To improve the government energy management system High carbon energy is related to the national economy industry , Low carbonization use must give full play to the government's important role . The need to build a fro m the central to local unified, in ene rgy strategy management as the core of energy management system, Issued some coordinated with high carbon energy low ca rbonization method to utilize the measures and imple mentation of super depart ment, authority, manage ment and coordination. Meanwhile, the government should emphasize the formu lation of high carbon energy low carbonization utilization of co mp rehensive macro policies, imp le menting strategic management, ensure market fair and orderly competit ion, make scientific ma rket forecast and improve the information service and plays important role. 4.3. Perfect high carbon energy of legal system International e xperience shows that sound legal la ws and regulations is the cornerstone of imple menting the strategy of sustainable development , so we should improve the current energy system: first of all, to perfect COA L LAW OF THE PEOPLE'S REPUBLIC OF CHINA 1996 .There are some problems in this law, behind the situation and practical work of the need, we need to revise and improve. Secondly, even high carbon energy formu lated perfect legal system; including high carbon energy admin istrative regulations has irreplaceable role . Finally, but also strengthen the perfect law enforcement system; strengthen the supervision and inspection of high carbon energy low carbonizat ion using lawful implementation management. 4.4. To Establish a high carbon energy strategy reserve system Establish energy strategy and business reserve system safeguard the country's energy resources required security measures . Its denotation shall include the minera l reserves , resource capacity reserves, resource products spot reserves, product futures reserves, equity resources reserve (as in fore ign important resource mining areas of mining right, the mining investment of resources distribution of inco me, e tc.), resource technical reserves six ways, especially attention should be paid to the resource product futures and resources exploitation rights two aspects of reserves. 956 Guo Li et al. / Energy Procedia 5 (2011) 952–956 High carbon energy strategic reserves are not only high carbon energy resources produ ct storage or reserve problem, mo re important is to capacity building and system construction. From our national characteristics and shall fro m country, province, la rge corporations and important bases and strategic pool, the four levels of society, establish mult iplication, e lastic high carbon energy strategy reserve system. Through legislation form, appropriate proportion, mandatory provisions on high carbon strategic energy reserves; Different levels of strategic reserves, take diffe rent forms , bear d iffe rent reserve task. Through legislation form, appropriate proportion, mandatory provisions on high carbon strategic energy reserves; Different levels of strategic reserves, take different forms, bear different reserve task. 4.5. To Establish High carbon energy warning and coping mechanism The main purpose of this mechanism is early wa rning and risk t ime ly countermeasure . In case of an eme rgency, high carbon energy warning and coping mechanisms to prevent and cast off the crisis will become an important link in the system. Which is div ided into three stages: one is high carbon energy crisis happened before the eme rgency preparatory; two is h igh carbon energy crisis reward ing of stage, three is high carbon energy crisis occurred after the management deal with stage . Acknowledgements We wish to thanks professor Ding Sanqing of Ch ina Unive rsity of Mining And Technology for many helpful suggestions . We are thankful and acknowledge the support of Xuzhou Institute of Technology, Electronic Engineering Department. References [1] Wang Jirong, BrendanG et al. Improve Policies Implement at ion Mechanisms to ensure t he Realizat ion of Emission Reduct ion T argets .J Environmental P rotection 2008;411(CCICED Special):39-52. [2] Zhang Deyi.Some Considerations about China’s Sit uation. J P etroleum&Petrochemical Today 2008;16(2):1-8. [3] Shen Baohong,Zhao Luzheng.Analysis on Swit ching from High-carbon to Low-carbon Energy Ut ilizat ion of Coal. J Energy of China 2010;1:10-13. [4]Xu Hongxing.Energy Ut ilization in China and Countermeasures. J Sino-Global Energy 2010;1:3-13. [5] Xiao Qianang.The law of Energy. Law P ress China , BeiJing: E-P ublishing Inc; 1996, p. 84-85. [6] Huangjin. China's energy safety research. Wuhan University Press.2008,p.342-343. [7] Chen Qingt ai. Chinese national energy st rategy and policy.http://www.drcnet.com.cn/