论中国“双碳”目标的司法保障

Discussion on Judicial Safeguards for China’s “Dual Carbon” Goal

摘要: 中国“双碳”目标的实现任重而道远，仅凭现有的围绕“双碳”目标的政策体系是远远不够的，仍需要借助司法力量来助推“双碳”目标。目前面向气候变化领域以及涉碳领域的司法保障尚有空缺和不足，具体表现为司法能动与预防的价值理念不足，以及面向气候变化及涉碳领域的专门性立法存在空白。应通过落实司法能动理念、健全司法预防价值及推进相关领域立法，完善面向“双碳”目标的法治保障，推动“双碳”目标在法治的轨道上行稳致远。

Abstract: China has a long way to go to achieve the “dual carbon” goal. The existing policy system around the “dual carbon” goal is far from enough. It is still necessary to rely on the judicial power to promote the “double carbon” goal. At present, there are still gaps and deficiencies in judicial safeguards in the field of climate change and carbon-related fields. Specifically, there is a lack of judicial initiative and the value concept of prevention, as well as a gap in specific legislation for climate change and carbon-related fields. It is necessary to improve the legal guarantee for the “dual carbon” goal by implementing the concept of judicial initiative, improving the value of judicial prevention, and promoting legislation in relevant fields, so as to promote the steady and far-reaching development of the “dual carbon” goal on the track of the rule of law.