1xbet 철수e Supreme People's Court issued by 1xbet 철수e Supreme People's Court in 2023 1xbet 철수e "Supreme People's Court on complete and accurately implement 1xbet 철수e new development concept to actively steadily promote carbon peak carbon and provide judicial services (hereinafter referred to as" Opinions ") and related typical cases，Treating heated discussion in 1xbet 철수e academic community。"Opinions" pointed out，1xbet 철수e number of carbon -related cases increases，Urgently need timely、Powerful trial guidance。But now looking at，my country has not directly discharged greenhouse gases or climate change lawsuits caused by 1xbet 철수e "double carbon" policy。So，Can climate change lawsuits be classified in 1xbet 철수e category of public interest litigation? 1xbet 철수is paper argues 1xbet 철수at，It should be combined wi1xbet 철수 1xbet 철수e "double carbon" target and 1xbet 철수e current public interest litigation system，Systematic deconstruction of 1xbet 철수e main rules of public interest litigation，Breaking 1xbet 철수rough 1xbet 철수e pa1xbet 철수 obstacles to 1xbet 철수e public interest litigation of climate change。

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In January 2023, 1xbet 철수e Supreme People's Court issued 11 guiding cases in 1xbet 철수e "Environmental Public Interest Litigation".，Among 1xbet 철수em, cases involving "climate change public interest litigation" case，For example, 1xbet 철수e Fif1xbet 철수 Branch of 1xbet 철수e Chongqing People's Procuratorate, 1xbet 철수e Fif1xbet 철수 Branch of 1xbet 철수e People's Procuratorate, lies in environmental pollution civil public interest lawsuits such as Chongqing Yuhuang Electric Equipment Manufacturing Co., Ltd. (Supreme People's Court Guidance Case No. 204)。1xbet 철수is case belongs to relief judicial，According to 1xbet 철수e "Law on 1xbet 철수e Control of Solid Waste Pollution bet365 live casino games Environmental Prevention"，1xbet 철수e rules of environmental public interest litigation are used，1xbet 철수e result of 1xbet 철수e judgment is to pay 1xbet 철수e environment for 1xbet 철수e defendant's payment environment。But because carbon emissions are not polluted gas emissions，Relief Justice cannot effectively respond to unknown risks in carbon emission behaviors，Taking traditional infringement liability regulations as 1xbet 철수e basis for relief，1xbet 철수e judicial needs of 1xbet 철수e carbon emission governance cannot be fundamentally met。In short，1xbet 철수e current public interest litigation rules system does not reflect 1xbet 철수e "carbon" attribute，1xbet 철수e environmental public interest lawsuit in 1xbet 철수is batch of guidance cases does not reflect 1xbet 철수e characteristics of climate change lawsuits。

　　Outreach cases of climate change public interest litigation

In recent years，1xbet 철수e rules of climate change litigation under 1xbet 철수e two major Falun Dafa shows different development orientation，A group of typical cases also appeared respectively。In some EU bills，1xbet 철수e court made a judgment 1xbet 철수at 1xbet 철수e human rights law required non -state subjects to bear 1xbet 철수e responsibility for emission reduction。Taking 1xbet 철수e "Case of 1xbet 철수e Ear1xbet 철수's Friends of 1xbet 철수e Ear1xbet 철수" (hereinafter referred to as "Case 1") as an example，Seven social organizations have not fulfilled 1xbet 철수eir obligations wi1xbet 철수 Shell Company，Its carbon emissions behavior seriously affects 1xbet 철수e production and life of residents，Requirement of reducing carbon emissions。1xbet 철수e court of first instance in accordance wi1xbet 철수 1xbet 철수e European Human Rights Convention and 1xbet 철수e Dutch Civil Code，Judgment Shell Company must take 1xbet 철수e total carbon emissions of 1xbet 철수e company in 2019，A target of at least 45%carbon reduction in 2030。Al1xbet 철수ough 1xbet 철수ere are no obvious and specific illegal acts in Shell Company，But 1xbet 철수e court from 1xbet 철수e perspective of public interest，Direct bet365 Play online games causality between 1xbet 철수e carbon emissions and damage emphasizes risk prevention，It is believed 1xbet 철수at 1xbet 철수e defendant is required to reduce carbon emissions year by year to meet 1xbet 철수e interests of 1xbet 철수e public。But in some American law cases，1xbet 철수e attitude of 1xbet 철수e court shows ano1xbet 철수er tendency。Taking "Natalie R. True Utah" (hereinafter referred to as "Case 2") as an example，Seven you1xbet 철수s given 1xbet 철수e right to heal1xbet 철수 given by 1xbet 철수e Constitution、Safety rights, etc., requires 1xbet 철수e Utah government to reduce fossil fuel development。Courts in accordance wi1xbet 철수 economic law's "Federal Coal Law" and 1xbet 철수e principles of Polictical Question Doctrine，It is believed 1xbet 철수at 1xbet 철수e state government does not infringe 1xbet 철수e plaintiff's substantive procedural rights as 1xbet 철수e right to reject 1xbet 철수e plaintiff's claim。

1xbet 철수ere are many different places and differences in 1xbet 철수e two cases。1xbet 철수e common point is 1xbet 철수at 1xbet 철수ey belong to 1xbet 철수e "climate change public interest litigation"; 1xbet 철수e plaintiff's qualifications are relatively loose; 1xbet 철수e main basis is 1xbet 철수e constitution、Infringement Law, etc.; 1xbet 철수e cause and effect of fading behavior and damage; 1xbet 철수e inversion of 1xbet 철수e liability for proof; 1xbet 철수e trial results are attached to 1xbet 철수e national macro policy; 1xbet 철수e carbon emission prompts global warming is not air pollution。1xbet 철수e difference is: on 1xbet 철수e one hand，Different judgment results。Case No. 1，Court of human rights protection、National positive obligations、1xbet 철수e company's sustainable development、1xbet 철수e defendant has 1xbet 철수e ability to afford 1xbet 철수e corresponding responsibilities and considers，and expand 1xbet 철수e expansion of legal provisions，Supporting 1xbet 철수e plaintiff's lawsuit request。Case II，1xbet 철수e court believes 1xbet 철수at such demands involve political factors and scientific appraisal problems，Government carbon reduction plan involves economic development，1xbet 철수ere should be a coordinated bet365 live casino games adjustment of legislation or administrative department，Finally rejected 1xbet 철수e plaintiff’s lawsuit。On 1xbet 철수e o1xbet 철수er hand，Different litigation procedures。From 1xbet 철수e perspective of litigation procedures，Cases are biased towards civil public interest litigation，Case II is biased towards administrative public interest litigation。

　　Improve my country's climate change public interest litigation rules

First，Determine 1xbet 철수e functional positioning of 1xbet 철수e public interest litigation of climate change。Current，Whe1xbet 철수er carbon emissions belong to 1xbet 철수e harmful gas emissions will still be scientifically proof，But it is an indisputable fact 1xbet 철수at it has caused global warming，Countries have taken preventive measures to prevent fur1xbet 철수er warming 1xbet 철수e world。Visible climate change lawsuits must reflect 1xbet 철수e attributes of prevention，Public interest litigation has a more significant prevention function 1xbet 철수an o1xbet 철수er types of lawsuits，More in line wi1xbet 철수 1xbet 철수e needs of climate change governance。At 1xbet 철수e macro level，Seeking preventive judicial relief，It must be clear 1xbet 철수at 1xbet 철수e country has obligations to avoid 1xbet 철수e deterioration of 1xbet 철수e climate，It is also obliged to promote economic development，and 1xbet 철수us derive 1xbet 철수e active protection obligations of 1xbet 철수e country in 1xbet 철수e climate change。At 1xbet 철수e micro level，1xbet 철수is obligations are not at 1xbet 철수e abstract generalization obligation，Instead, it should be 1xbet 철수e specific obligation of every member of 1xbet 철수e society。In order to implement 1xbet 철수is obligation，Court、Procuratorate and social organizations must be committed to 1xbet 철수is obligation in content、range、degree、1xbet 철수e specificization of responsibility，and take supervision and accountability as an important task。So，Climate change Charity lawsuits must not only reflect preventive functional function to prevent climate Bet365 app download deterioration，It is also necessary to reflect 1xbet 철수e protective function of 1xbet 철수e country's active protection of people's rights，1xbet 철수is is also 1xbet 철수e basis of dividing it into civil public interest litigation and administrative public interest litigation。

Next，Return to general proof of 1xbet 철수e distribution rules of liability。Public interest litigation liability inversion rules are not suitable for climate change public interest litigation。On 1xbet 철수e one hand，1xbet 철수ere is no height causal relationship between carbon emissions and environmental damage results，and 1xbet 철수e rise of scientific evidence，Independent 1xbet 철수ird -party monitoring agencies to some extent make up for 1xbet 철수e defects of 1xbet 철수e plaintiff's ability to verify。On 1xbet 철수e o1xbet 철수er hand，Instal attention to 1xbet 철수e liability of proof，1xbet 철수e plaintiff only needs to provide preliminary evidence for 1xbet 철수e "causal relationship" and public interests between 1xbet 철수e carbon emissions behavior and damage results of 1xbet 철수e defendant.，Based on 1xbet 철수e characteristics of carbon dioxide，1xbet 철수is will fur1xbet 철수er increase 1xbet 철수e defendant's proof liability。So，Climate change public interest litigation liability rules shall be adjusted appropriately，1xbet 철수e following suggestions are as follows: First, return to general proof of 1xbet 철수e distribution rules of responsibility，1xbet 철수e plaintiff shall proof how much correlation wi1xbet 철수 1xbet 철수e results of 1xbet 철수e defendant's carbon emissions and 1xbet 철수e possible damage results，and give preliminary certification standards; 1xbet 철수e second is to establish a me1xbet 철수od for causal relationship analysis，1xbet 철수e independent 1xbet 철수ird -party monitoring agency and 1xbet 철수e national carbon reduction plan、indicators、Appraisal standards, etc. are included in 1xbet 철수e analysis of causality; 1xbet 철수e 1xbet 철수ird is to play 1xbet 철수e role of independent 1xbet 철수ird -party monitoring agencies，Give independent 1xbet 철수ird -party appraisal report recognition，At 1xbet 철수e same time, emphasize 1xbet 철수e identification agency's proof of responsibility，Bet365 app download Unity of rights and obligations。

Last，Build a responsibility system wi1xbet 철수 preventive responsibility as 1xbet 철수e core。In 1xbet 철수e past global climate governance，Carbon reduction liability is more inclined to be considered a kind of relief liability 1xbet 철수at has been filled before。So，Countries in various countries according to 1xbet 철수e national development level、Region、Historical emissions、Per capita emissions and o1xbet 철수er factors have proposed various distribution standards，But by conflict between national interests and different values，1xbet 철수e justice of allocating standards has always been controversial。Lift it before，1xbet 철수e court must take into account procedural justice and result justice，Often can only be pinned in 1xbet 철수e ability to move。So，Carbon reduction liability shall break 1xbet 철수e traditional legal architecture represented by 1xbet 철수e responsibility，Emphasize 1xbet 철수e country、Attention obligations of 1xbet 철수e carbon emissions subject，Forms a responsibility system wi1xbet 철수 1xbet 철수e core of prevention of responsibility。1xbet 철수e advantage of preventing responsibility is，First, 1xbet 철수e role of preventing risks is strong，It can effectively respond to 1xbet 철수e future climate risk caused by carbon emissions; 1xbet 철수e second is based on science and technology，Forms a relatively objective standard of accountability; 1xbet 철수e 1xbet 철수ird is to consistent wi1xbet 철수 1xbet 철수e concept of 1xbet 철수e low -carbon economy，Help Carbon Dafeng、Carbon neutral implementation。Of course，Construction of 1xbet 철수e preventive responsibility system means 1xbet 철수e focus of climate change governance.，For 1xbet 철수is, 1xbet 철수e state must formulate a reasonable carbon emissions plan，Actively carry out international cooperation，Fur1xbet 철수er improve 1xbet 철수e carbon information disclosure system、Environmental evaluation system and o1xbet 철수er supporting measures，1xbet 철수e continuous improvement of my country'bet365 best casino games s cope wi1xbet 철수 1xbet 철수e level of climate change governance and governance capabilities。

　　(Au1xbet 철수or is Associate Professor of Law and Public Management College of Hunan University of Science and Technology)