Climate has the natural attributes of an ever changing, dynamic resource as well as the social attributes found in all public resources. These features are common to and equally distributed for all of humanity. In China, present legislation has not addressed the non-exclusive nature of climate as a public resource and responsibility. There are no provisions in the current civil law or in constitution that deal with any ownership of the climate. Furthermore, civil law and the constitution do not deal with the issue of ownerships for public natural resources or the state-owned natural resources. Therefore, based on symbiosis theory, protecting China's climate resources is a balance among the multiple interests of mankind. This article suggests that the right to enjoy and use climate resources should be equally shared among all of humanity and that these needs should be addressed in China's current legislation. Such legislation needs to create a strengthening of the national management obligation of climate resources. However, any legislation should prevent climate resources from becoming a state-owned property.