Path Selection of Climate Change Litigation in China——Analysis from the Perspective of Climate Benefits
At present,there are three main approaches to climate change litigation in our country:climate change litigation based on human rights,ecological environmental damage compensation litigation and environmen-tal public interest litigation.However,no matter what path is taken,the protection of climate interests is always the fundamental of climate change litigation,and a comprehensive understanding of the nature and characteristics of cli-mate interests is the solution to climate change litigation path selection.Examining the current climate system,the characteristics of its high sensitivity and extensive impact determine the public nature,compound nature and vul-nerability of climate benefits,which should be given special protection.Environmental public interest litigation is in line with this.It takes climate interests as the object of protection,respects the right of private subjects to partici-pate in environmental public interest protection,takes into account both environmental public interest and private interests,and has the functions of damage relief and risk prevention.It should be an ideal path for climate change litigation.Therefore,based on the practical basis of preventive environmental public interest litigation,the defini-tion of climate interests can be integrated with climate change risk assessment and the design of environmental pub-lic interest litigation system,and climate change litigation can be further optimized from the perspective of risk pre-vention.
climate change litigationclimate interestsenvironmental public interest litigationrisk preven-tion
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