On the path of climate change litigation in China—From the perspective of the basic features of climate governance
Climate governance in China is a preventive governance under the overall coordination of the central government,with climate policies as the means and administrative agencies as the leading force.The climate change litigation paths proposed all face application obstacles under the current climate governance model.The objective litigation model can advance the timing of judicial involvement,avoid the difficult problems in climate change litigation,and guarantee the reasonable participation of judicial power in climate governance,which is the ideal path for the construction of climate change litigation in China.Based on the environmental administrative public welfare litigation,we can maintain the prosecution mode of the procuratorate,use the behavioral standard as the judgment criteria for the administrativeagencies' non-compliance with the law,and take Article 2 of the Law on the Prevention and Control of Atmospheric Pollution and Climate Policies as the source of the obligations of administrative agencies,and focus on the supervision of the implementation of the local regulations on the central emission reduction targets,so as to build the objective litigation mode of the climate justice.
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