The regulation of climate change risk is an important measure for China to achieve the goal of"carbon neutrality and carbon peak".Although China has built a legal regulation system for environmental risk at ...The regulation of climate change risk is an important measure for China to achieve the goal of"carbon neutrality and carbon peak".Although China has built a legal regulation system for environmental risk at the macro level,and normative and functionalism have constructed different paths for regulating climate change risk,it is necessary to analysis the two paths at the micro level,in order to examine its adaptability to climate change risk.The normative mode of climate change risk regulation emphasizes the clarity of the legal regulation system,controls the regulatory subject formally,and pays attention to the role of judicial review;The functionalist mode of climate change risk regulation emphasizes the authorization of regulatory subjects,and identifies and manages climate change risks in the way of administrative self-control.In order to regulate climate change risk,in addition to the traditional way of solving the problem of"normalization"and"functionalism",there is also a third regulatory mode,that is,to overcome the inherent shortcomings and defects of both functionalism and normalization,and to integrate the two necessary:not only pay attention to the legal normative requirements of the normative mode,but also mobilize the initiative of administrative regulation under functionalism,and strengthen the judicial prevention function,and then improve the effe ctiveness of China’s participation in global climate change governance.展开更多
基金supported by The Special Research Fund for Academic Postgraduates of The School of Law of Beijing Normal University(Grant Nos.2023LAW002,2023LAW015)Beijing Normal University Interdisciplinary Fund Project(Grant Nos.BNUXKJC2208,BNUXKJC2211)。
文摘The regulation of climate change risk is an important measure for China to achieve the goal of"carbon neutrality and carbon peak".Although China has built a legal regulation system for environmental risk at the macro level,and normative and functionalism have constructed different paths for regulating climate change risk,it is necessary to analysis the two paths at the micro level,in order to examine its adaptability to climate change risk.The normative mode of climate change risk regulation emphasizes the clarity of the legal regulation system,controls the regulatory subject formally,and pays attention to the role of judicial review;The functionalist mode of climate change risk regulation emphasizes the authorization of regulatory subjects,and identifies and manages climate change risks in the way of administrative self-control.In order to regulate climate change risk,in addition to the traditional way of solving the problem of"normalization"and"functionalism",there is also a third regulatory mode,that is,to overcome the inherent shortcomings and defects of both functionalism and normalization,and to integrate the two necessary:not only pay attention to the legal normative requirements of the normative mode,but also mobilize the initiative of administrative regulation under functionalism,and strengthen the judicial prevention function,and then improve the effe ctiveness of China’s participation in global climate change governance.
