| 英文摘要 |
For a long period of time, climate change has been acknowledged as a global environmental challenge confronting the international community, sparking intense discussions on relevant legal issues. Whether within the framework of international or domestic legal governance, the subject of climate change litigation demands special consideration. As emerging concepts like“carbon neutrality”and“emission peaking”gain traction, the scope of climate change litigation in China mainland is poised to broaden, encompassing aspects such as carbon emissions trading, carbon sinks, carbon finance, and cases related to climate infringement. Administrative litigation, among other case types, is also anticipated to enter the judicial arena, necessitating the urgent establishment of a judicial framework for climate change litigation. Notably, international climate change litigation primarily revolves around administrative litigation focused on government negligence, complemented by civil litigation targeting carbon emission behemoths. In contrast, China mainland, entering the arena later, has adopted a distinctly different approach, featuring a range of potentially coexisting climate justice models. These models prioritize contract disputes, environmental tort disputes, and civil public interest litigation under the purview of private law. This approach is complemented by climate change private administrative litigation and public administrative litigation. |
