Types Of Climate Change Litigatio

Climate change litigation can urge governments and businesses to actively face the problems and impacts of climate change caused by human factors.Since the emergence of climate change litigation,the relevant subject qualifications,causal relationships,relief procedures,and ways of assuming responsibility have been blurred in the judicial process,making it impossible to realize substantive and procedural claims.At the same time,the standards and connotations of some key factors that affect judicial determination and adjudication have also changed with social cognition and technological progress.Compared to the continuous development and improvement of climate change litigation and legislation in foreign countries,climate change litigation in China was proposed relatively late and its development path is difficult.The fundamental reason is that the judicial authorities have not clearly defined and classified the entry points for such lawsuits in the judicial process,and the plaintiff in the lawsuit cannot find a reasonable basis to support the lawsuit in the existing legal context of China,nor can they refer to the experience of preventing and controlling gas pollutants.Legislators want to include it in the scope of adjustment,but they also face the dilemma of insufficient sample size.Due to the continuous development of climate change litigation,legal norms applicable to China’s national conditions cannot be directly transplanted or created.It is necessary to rely on forward-looking path design to achieve substantive responses to the purpose of such litigation.However,the emergence of climate change litigation and its practice in China cannot be ignored.It is an important opportunity for China to start participating in international climate governance under the policy background of "carbon peaking carbon neutrality",and an effective way for China to contribute to climate change issues.This article aims to analyze and propose the main types of current climate change litigation based on theoretical analysis and summarizing typical cases at home and abroad.At the same time,it aims to improve the integration of China’s climate change litigation with the Air Pollution Prevention and Control Law,and explore and provide relevant suggestions suitable for China’s national conditions.This article is mainly divided into four parts:The first part is an overview of climate change litigation,which will introduce the background of climate change litigation and focus on exploring the special issues arising from climate change litigation,providing a foundation for further research.The main content is the collection,organization,and induction of the current situation of climate change litigation at home and abroad.In this section,we will reflect and analyze the emergence and development of climate change litigation,and explore the practical research significance of the situation.From this,we can find experience that can be used for reference in the construction of climate change litigation systems.Introducing the basic status of climate change litigation can provide a more intuitive understanding of its litigation claims,and discuss the special characteristics of different countries’ handling methods in climate change litigation,providing evidence for the following text.The second part elaborates on the relevant theoretical concepts of climate change litigation,analyzing the basis for litigation based on the principle of prevention in environmental law,and discussing how to achieve the legitimacy of climate change litigation.Evaluate the basis of climate change litigation using legal logic,seek theoretical basis for it,demonstrate the practical needs under existing environmental law principles through legal regulations and practical cases,and finally analyze how the judicial function achieves a principled system from the perspective of causality.The third part is an analysis of the main types of climate change litigation.After theoretical research,climate change litigation is classified based on the cause of action and litigation effectiveness.The principles in the system are applied to the implementation of litigation functions,and the situation of damage relief at home and abroad is analyzed and studied.The classification of climate litigation cases is summarized,and the commonalities and differences among them are explored.The fourth part summarizes the climate change litigation based on the previous three parts,and attempts to propose solutions to the problems that arise in theory and practice.The current problem is that the basis provided by the Air Pollution Prevention and Control Law is insufficient,resulting in issues that cannot be applied or are difficult to apply in judicial proceedings.After the climate change lawsuit is filed,it is necessary to clarify the legal responsibilities and consequences of relevant regulations,and improve and resolve the litigation requests raised in the climate change lawsuit.Firstly,further clarify the climate change litigation system and determine its scope of application in the Air Pollution Prevention and Control Law;Secondly,study the status of the rights and obligations of each subject after the application of the Air Pollution Prevention and Control Law,and discuss the effectiveness and legal consequences of climate change litigation.Finally,based on the full text analysis,the conclusion is drawn that what kind of governance effect climate change litigation aims to achieve under China’s existing Air Pollution Prevention and Control Law is to indirectly achieve deterrent control of greenhouse gas emissions,or to achieve direct control of greenhouse gas emissions from the perspective of economic development mode and energy supply.The last part of this article focuses on discussing the connection between the climate change litigation system and the Air Pollution Prevention and Control Law,The governance effect of treating greenhouse gases as a general type of atmospheric pollutant aims to fundamentally solve other problems that may arise due to atmospheric mobility.