This chapter examines the evolution of climate change litigation and legislative frameworks in China, highlighting the country’s proactive approach to integrating environmental protection with its broader economic and social development goals. The analysis details key judicial measures—such as The Supreme People’s Court of the People’s Republic of China (SPC) Opinions on carbon emission obligations and the innovative use of carbon sink subscriptions—as tools to address environmental harm and promote ecological restoration. The establishment of a unified national carbon emission trading market and the development of specialized climate litigation, including public interest lawsuits aimed at enforcing compliance and reducing greenhouse gas emissions, plays a significant role in China’s judicial responses to climate change. In addition, global best practices in setting carbon neutrality targets and implementing fiscal and regulatory policies would inspire China’s legal reforms. The upcoming Eco-environmental Code is identified as a critical milestone that will consolidate climate response measures by incorporating chapters on mitigation, adaptation, and carbon trading. This chapter concludes that a robust, multi-level legislative system and judicial innovation are essential to support China’s dual goals of carbon peaking and carbon neutrality, ultimately contributing to global efforts in climate change mitigation and sustainable development.

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Judicial Responses to Climate Change Under China’s “Dual Carbon” Goals: Structures, Challenges, and Implications for the Eco-Environmental Code

  • Qian Sun

摘要

This chapter examines the evolution of climate change litigation and legislative frameworks in China, highlighting the country’s proactive approach to integrating environmental protection with its broader economic and social development goals. The analysis details key judicial measures—such as The Supreme People’s Court of the People’s Republic of China (SPC) Opinions on carbon emission obligations and the innovative use of carbon sink subscriptions—as tools to address environmental harm and promote ecological restoration. The establishment of a unified national carbon emission trading market and the development of specialized climate litigation, including public interest lawsuits aimed at enforcing compliance and reducing greenhouse gas emissions, plays a significant role in China’s judicial responses to climate change. In addition, global best practices in setting carbon neutrality targets and implementing fiscal and regulatory policies would inspire China’s legal reforms. The upcoming Eco-environmental Code is identified as a critical milestone that will consolidate climate response measures by incorporating chapters on mitigation, adaptation, and carbon trading. This chapter concludes that a robust, multi-level legislative system and judicial innovation are essential to support China’s dual goals of carbon peaking and carbon neutrality, ultimately contributing to global efforts in climate change mitigation and sustainable development.