发展型国家气候法治的结构与挑战 = Structure and challenges of climate law in a developmentalist country

China has adopted a‘developmentalist approach’to climate governance. It entrusts the power of making and implementing climate policy to the governmental ministries and departments that administer industrial affairs, and allows them to achieve climate goals by using macroeconomic measures to transform the structure of industries and energies. A mechanism labeled by the dominance of executive power was thus developed in China’s 30 years of climate governance. In terms of legislation, pertinent provisions were scattered in numerous laws in the domains of environmental protection, resources management, industrial development, and civil transactions. They grant the executive branch with authority and considerable room of discretion in making and implementing climate policy, while rarely prescribe responsibility in case of inaction or abuse. Nevertheless,the executive branch makes only nonbinding policy,such as action plans and roadmaps that provides the courts not binding source,but policy goal to achieve. This mechanism is now facing severe challenges in terms of equity, for it is so far little sensitive to the social concerns and demands that are produced during energy transitions. A social turn in climate governance is therefore needed. Besides, the institution of public participation must be further concretized.