时间：2019-05-29
本文Prospects for Climate Change Litigation in China，原载Transnational Environmental Law 由四川大学王竹教授等科研人员创作，系四川大学市场经济法治研究所系列学术成果。后续会持续分享四川大学市场经济法治研究所系列学术成果，欢迎大家阅读。
Abstract：While legal scholarship seeks mainly to assess the impact of climate change litigation (CCL) on the regulatory state and on climate change policy in common law countries, the potential influence of government climate policy on the judicial practices of jurisdictions with different legal traditions attracts much less attention. This article fills the gaps by exploring how courts in China, an authoritarian country with a civil law tradition, react to government climate policies and how this judicial response might affect relevant legal rules and eventually contribute to climate regulation. An empirical analysis of 177 Chinese judicial cases reveals that CCL in China consists mostly of contract-based civil actions steered by the government's low-carbon policies. Moreover, although the prospects of CCL against public authorities in China remain very bleak, there is scope for the emergence of tort-based CCL, backed by government policies. In this respect, recent tort-based public interest litigation on air pollution in China may serve as a substitute or, more promisingly, a gateway to the emergence of a tort-based branch of Chinese CCL.
Keywords: Climate change litigation, China, Public interest litigation, Air pollution, Climate law
Yue Zhao, Shuang Lyu & Zhu Wang, Prospects for Climate Change Litigation in China, 8 Transnat’l Envt’l L. 349 (2019).（论文下载）
