气候变化视角下环境行政公益诉讼的优化

Optimization of Environmental Administrative Public Interest Litigation from the Perspective of Climate Change

司法是应对气候变化的重要保障。在党二十大报告“积极稳妥推进碳达峰碳中和”和“完善公益诉讼制度”的指导下,环境行政公益诉讼在气候治理领域大放异彩。但在应对气候变化领域,我国的环境行政公益诉讼尚处于探索阶段,面临着行政机关气候监管职责不明确、缺乏“重大气候风险”防范、司法裁判执行不到位等法律障碍。为此,应以环境行政公益诉讼既有体系为基础,明晰行政机关气候监管职责,扩大行政公益诉讼范围,适当扩大行政强制执行主体,使环境行政公益诉讼可以更好地发挥防范气候风险的作用。

Justice is an important guarantee for dealing with climate change. Under the guidance of the report of the 20th National Congress of the Communist Party of China on “Actively and prudently promoting carbon to peak carbon neutrality” and “Improving the public interest litigation system”, environmental administrative public interest litigation has flourished in the field of climate governance. However, in the field of addressing climate change, China’s environmental administrative public interest litigation is still in the exploratory stage, facing legal obstacles such as unclear climate supervision responsibilities of administrative organs, lack of “major climate risk” prevention, and inadequate judicial enforcement. Therefore, based on the existing system of environmental administrative public interest litigation, the climate supervision responsibilities of administrative organs should be clarified, the scope of administrative public interest litigation should be expanded, and the subject of administrative enforcement should be appropriately expanded, so that environmental administrative public interest litigation can better play a role in preventing climate risks.