Characteristics and Adjudication Rules of Carbon-related Cases: Insights from Judicial Services on “Dual Carbon”Policies and Typical Cases

To systematically advance carbon peak and carbon neutrality, and adapt to climate change, the judiciary has been exploring to improve the judicial mechanism of carbon-related cases, especially in terms of case type, legal applicability and legal liabilities. However, carbon-related cases have not established a unified trial mechanism and adjudication rules. In case classification, there is no clear definition of carbon-related cases, which are often intertwined with climate change response cases. In judicial practice, some problems exist: the connection between ecological restoration responsibility and criminal punishment is not smooth; the rules applicable to "carbon sink subscription" are vague; the scope of the administrative litigation involving carbon is unclear, etc.To use judiciary to achieve carbon peak and carbon neutrality, the criteria for dividing carbon-related cases and climate change response cases should be clarified; the "criminal punishment +ecological restoration" type of legal liability should be improved; the applicable conditions for alternative restoration by "carbon sink subscription" should be regulated; and the types of carbon emission disputes that can be brought in administrative litigation should be clarified.