中国石油大学学报（社会科学版）2025，Vol.41Issue(2)：43-50,8.DOI:10.13216/j.cnki.upcjess.2025.02.0005
中国气候变化诉讼的困境审视与完善路径
On the Dilemmas and Improvement Pathways of Climate Change Litigation Mechanism in China:Basing on Cases of"Curtailment of Wind and PV Power"
摘要
Abstract
China's climate change litigation is gradually entering the track of promoting practice and exploring mechanisms along with the national"dual carbon"targets of carbon peak and carbon neutrality as global climate change exacerbates ecological and environ-mental challenges.The two cases of curtailing wind and PV power not only serve as beneficial attempts,but also show that China's cli-mate change litigation is facing issues such as the uncertain justiciability,unclear litigation interests,difficulties in proving causal rela-tionships,and misalignment of administrative and judicial functions.Based on China's national conditions,climate change litigation should balance the synergy of litigation interests,the limitations of applicability,the uniqueness of procedures and the prevention of risks.In light of the proper positioning of climate change litigation and in the context of the"dual carbon"goals,we should construct China's climate change litigation from several aspects,including reinforcing the regulatory foundation,implementing and innovating ju-dicial protection,and coordinating the linkage between administrative and judicial system.关键词
气候变化诉讼/弃风弃光/司法保障/"双碳"目标Key words
climate change litigation/abandonment of wind and PV power/judicial protection/carbon peak and carbon neutrality goals分类
社会科学引用本文复制引用
梁增然..中国气候变化诉讼的困境审视与完善路径[J].中国石油大学学报（社会科学版）,2025,41(2):43-50,8.基金项目
国家社会科学基金重大项目(20&ZD185) （20&ZD185）
