International Journal of Frontiers in Sociology, 2023, 5(14); doi: 10.25236/IJFS.2023.051418.
Jin Dian
School of Law, Guilin University of Electronic and Technology, Guilin, China
In recent years, the number of lawsuits caused by climate change has surged around the world, and taking judicial measures to deal with climate change has become the norm. At present, China has conducted legislative research, document issuance and policy implementation in the field of climate change, but there is no special legislation to deal with climate change. Climate change is characterized by its global and lagging nature, the rise of environmental rights has brought more citizens and organizations to the climate and environmental regulatory aspirations, the emission of greenhouse gases urgently need legal constraints, and such constraints need to be ensured by the court's enforcement. The traditional litigation model can not effectively address the emergence of climate change litigation, while certain litigation has a direct and indirect regulatory function, improve the current climate change litigation mechanism is urgent.
Climate change litigation; System dilemma; System perfection
Jin Dian. The judicial dilemma and perfect path of climate change litigation in China. International Journal of Frontiers in Sociology (2023), Vol. 5, Issue 14: 107-112. https://doi.org/10.25236/IJFS.2023.051418.
[1] Zhang Zhongli. Judicial determination of national duty of care in climate change litigation -- Take "Urgenda Foundation v. Netherlands" as an example [J]. Law applicable, 2019 (18): 99-111.
[2] Yang Xiuqing, Xie Fan. Application dilemma of environmental civil public interest litigation [J]. Law of Hebei Province, 2020, 38 (05): 42-65.
[3] Liang Ping, Pan Shuai. The improvement of the legal system for tackling climate change under the vision of "carbon neutral" [J]. Social Science in Chongqing, 2022, (04): 6-22.
[4] Wang Jin, Nanning Miao, Yan Gang, Yang Jintian. Implement the climate-friendly air pollution prevention and control strategy [J]. China Soft Science, 2010, (10): 28-36.
[5] Hu Tao, Tian Chunxiu, Li Liping. Policy impacts of synergies on climate change in China [J]. Environmental protection, 2004 (09): 56-58.
[6] Cao Xia. The dilemma and thoughts on the legal regulation of climate change -- takes the practice of American law as the analytical background [J]. Legal Review, 2014,32 (02): 147-157.
[7] Zhang Zitai, Shen Hao. Global judicial proceedings in response to climate change -- Take the United States as an example [J]. Jiangsu Social Science, 2015, (01): 147-156.
[8] Zhang Youlian. Why the court created -- public policy legal perspective analysis [J]. Zhejiang Academic Journal, 2009, (01): 157-162.