有学者指出,“尽管对气候变化的科学认知仍有不确定性,走绿色、低碳发展道路,是人类可持续发展的长远之计,已成了广泛的共识。”~①为推动低碳发展,当务之急是建立和完善温室气体排放控制的法律制度体系。本文在分析减缓气候变化立法目的的基础上,分析作为温室气体排放控制核心政策工具的碳排放交易制度的目的和功能与实现该目的之间的差距,进而认为要实现减缓气候变化法的立 Some scholars pointed out: “Although the scientific understanding of climate change is still uncertain, taking the road of green and low-carbon development is a long-term measure of human sustainable development and it has become a broad consensus.” Promote low-carbon development, the top priority is to establish and improve the legal system of greenhouse gas emissions control system. Based on the analysis of the purpose of mitigation of climate change legislation, this paper analyzes the purpose and function of the carbon emissions trading system as the core policy tool of greenhouse gas emission control and the gap between the goal and the realization of this goal, then believes that to achieve legislation to mitigate climate change