我国气候变化诉讼发展路径的探索

The Development Path of Climate Change Litigation in China

摘要: 文章先是对气候诉讼这一概念进行辨析，界定了气候诉讼这一概念，接下来梳理了气候诉讼机制的历史演进过程，并提出了气候稳定权这一概念，通过分析气候诉讼的途径和功能对我国的发展路径进行了探索。文章主张未来气候变化诉讼途径应以气候变化造成的损害结果为规制对象，通过补偿性责任为规制手段，依据专门的气候变化法律法规，为了社会公共利益，进行专门立法。

Abstract: The author first distinguishes and analyzes the concept of climate litigation, defines the concept of climate litigation, then sorts out the historical evolution of climate litigation mechanisms, and proposes the concept of the right to climate stability. By analyzing the channels and functions of climate litigation, the author explores the development path of China. The author advocates that the future climate change litigation approach should focus on the damage caused by climate change as the regulatory object, use compensatory liability as the regulatory means, and carry out specialized legislation for the public interest of society in accordance with specialized climate change laws and regulations.