The Way for Climate Change Litigation under the"Carbon Peaking and Carbon Neutrality"Goal
Climate justice is an important guarantee for the realizat ion of the"Carbon Peaking and Carbon Neutrality"goal.Based on the global,cumulative and scientific uncertainty of the impacts of greenhouse gas emissions,it can be deduced that climate change litigation is public welfare in purpose,risk-preventive in means,and policy-oriented in the choice of litigation paths.In China's existing environmental justice framework,environmental tort litigation has deviated from the public welfare orientation of climate stability rights,and the ecological environment damage compensation system is not sufficient for situations that have not yet caused environmental pollution and ecological damage.The environmental public interest litigation focuses on the public interest of the environment,and the system was initially created to incorporate behaviors that"pose a significant risk of harming the public interest of society"into the scope of remedies,which is a suitable vehicle for building a climate change litigation system in China.In order to build a climate change litigation system with Chinese characteristics,necessary adjustments should be made in terms of optimizing the way responsibility is assumed,implementing the principle of risk prevention,and moderately expanding the scope of cases.
climate change litigationenvironmental infringement litigationcompensation for ecological and envi-ronmental damagesenvironmental public welfare litigationpreventive review
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