Li Huaqi
Confronting the global challenge of climate change, jurisdictions worldwide have seen the emergence of climate litigation pursuing mitigation and adaptation objectives. Administrative public interest litigation grounded in states’ obligations to combat climate change has emerged as the predominant legal pathway for climate-related judicial interventions. Since the ‘dual carbon’ goals (carbon peak by 2030 and carbon neutrality by 2060) were proposed, China has introduced a number of legislative and policy measures to promote the coordinated operation of multiple governance tools in order to achieve the national climate governance goals. As an important component of the national governance system, the regulatory function of the judicial mechanism is becoming increasingly prominent. China has established a procuratorial administrative public interest litigation system, supported by its comprehensive legal framework and evolving judicial practice, which provides a viable institutional foundation for climate governance applications. To further leverage the role of this system in climate governance, it is necessary to clarify the relationship between administrative power and judicial power, take process supervision as the focus of system implementation, and supplement civil public interest litigation against carbon emitters. Specifically, the litigation system should be expanded from aspects such as the objects of litigation, causal relationships, and specialized review standards for climate cases. With the continuous improvement of pre-litigation procedures and judgment forms, it will better support the ‘dual carbon’ goals.
内容提要 面对气候变化的全球挑战，不少国家已出现以减缓和适应为主要目标的诉讼。以国家应对气候变化义务为理论逻辑的行政公益诉讼成为气候变化诉讼的主要实现路径。自“双碳”目标提出以来，中国出台多项立法与政策措施，推动多元治理工具协同运作，以实现国家气候治理目标。司法机制作为国家治理体系的重要组成部分，在其中的规制功能愈发凸显。我国既有的检察行政公益诉讼制度，从法律体系到司法实践，均为行政公益诉讼在气候治理领域发挥作用提供了可行性支撑。为进一步发挥该制度在气候治理中的作用，有必要厘清行政权与司法权的关系，将过程监督作为制度实施的重点，并补充针对碳排放主体的民事公益诉讼。具体而言，应从诉讼对象、因果关系和审查标准等方面拓展诉讼制度，同时不断完善诉前程序和判决形式，从而更好地助力“双碳”目标实现。