As one of the major carbon emitters, China has not yet formulated specific legislation to deal with climate change. So some scholars suggest that public interest litigation on air pollution in China should be transformed into climate change litigation. However, such a suggestion ignores the difference between the two systems but can be the starting point of  climate change litigation in China. After solving the core problem of identifying whether greenhouse gases should be pollutants to be further controlled, we can first enact a specific law “Actions Addressing Climate Change” to provide a legal basis and form the model of governance with both “hard and soft” laws. Then, we can build preventive relief system to reduce the potential conflicts of the existing environmental public interest litigation system. Only in this way can we formulate policies, measures and laws to deal with climate changes through judicial practice, and realize the carbon peaking and carbon neutrality goals.