Abstract: The important value of climate change litigation in a risk society lies in the realization of preventive justice. The practical exploration of climate change litigation in China’s judicial practice mainly focuses on the judicial relief after the event, which focuses on infringement, creditor’s rights and debt, energy substitution and other issues. However, the scientific complexity and uncertainty in the field of climate change makes the remedial justice model unable to effectively deal with the problems that environmental damage results are the object of climate change relief, compensatory liability is the means of climate change relief, and tort liability laws are the basis of climate change relief. It is also impossible to fundamentally achieve the goal of addressing climate change in a judicial way. Therefore, China needs find the logic of climate change litigation from the perspective of preventive justice, and play the necessary preventive function protects social public interests; find the most suitable litigation carrier of climate change in the existing litigation system, and make necessary adjustments form a Chinese paradigm of climate change mitigation litigation centered on regulating carbon emission risk.