Reflection and optimization of judicial rules for climate change mitigation under the"dual carbon"goals:a case study of ozone-depleting substance consumption
Under the dual carbon goals,the judiciary plays a crucial role in addressing climate change.Against the background of the specialization of environmental judicial cases,the Supreme People's Court has enacted"Provisions on Environmental Resource Case Types and Statistics Standards(Trial),"aiming to regulate environmental case types and unify environmental judicial standards.The Provisions categorizes climate change mitigation cases as one of the five major environmental resource case types,intending to provide judicial rules and guidance for advancing the dual carbon goals.Protecting the ozone layer is an important measure to mitigate and address climate change.Optimizing the judicial resolution of disputes related to ozone-depleting substances is a key area for judicial innovation that aligns with the dual carbon goals.Focusing on judicial rulings in cases of this type,a multi-dimensional review reveals the challenges in the judicial paradigm:unclear definition of core legal concepts,inadequate typification of case types and lack of uniformity in liability determination.Three suggestions are made to improve the judicial rules in this regard,namely,enhancing typification by clarifying the conceptual system of similar cases,summarizing the essential characteristics and scope of relevant cases,and transitioning towards typified criminal liability determination.
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