Research On Dispute Resolution Mechanism Of Environmental Governance In China

The theory of environmental cooperative governance breaks through the limitation of government as single subject in environmental governance,and the government,society and market cooperate to carry out environmental governance.In the process of cooperative governance,due to the deviation of the concept of governance subject,the ambiguity of the division of governance responsibility,the unsmooth system and mechanism,and other changes in the objective situation,environmental governance disputes are often caused by the failure to get timely relief after the ecological environment is damaged.To some extent,the emergence of environmental governance disputes is due to the lack of systematicness of the dispute resolution mechanism.The system of dispute resolution has the characteristics of mutual complementarity,orderly connection and multiple solutions.As a social mechanism to adjust the relationship between human and nature,the dispute resolution mechanism of environmental governance fundamentally adjusts the relationship between human and nature.To realizing the coordinated unification between human and nature,it shall make the environmental dispute resolution mechanism to ensure the interests of human identical with the interests of the ecosystem,with ecological ethics morals as the construction of the basic concept of dispute resolution mechanism,the establishment of the system of dispute resolution is not only to solve disputes from person to person,but also to achieve the ultimate goal of human and the nature harmonious.In order to satisfy the complex and diversified dispute settlement,the dispute settlement system should be complementary and diversified in functions,including the traditional litigation system,environmental public interest litigation and ecological environmental damage compensation litigation.It includes not only the coordination of the superior government,but also the consultation of the government as the right holder,etc.Environmental dispute resolution mechanism is a whole organic connection,organic link between system is an indispensable element,system running smoothly in the mechanism in the process of building the systematic should pay attention to negotiate with the environmental public interest litigation,the environmental public interest litigation and ecological environmental damage compensation litigation procedure of cohesion,to avoid dispute resolution system fragmentation and mutual discount phenomenon.Surrounding environment factors is important for the influence of the system,under the objective conditions change the operation of the environmental dispute settlement mechanism is still may not be able to effectively solve the dispute,now need beyond dispute solution to build a strong security system,efficient and effective for environmental disputes resolution mechanism and dispute solution.This chapter mainly includes eight parts:The introduction part,starting from the selected topic background,the paper introduces the research significance of environmental dispute resolution mechanism,and introduce the study of environmental governance dispute resolution mechanism at home and abroad,and research train of thought for this article and the main contents,research methods.Guided by the methodology system architecture environmental dispute resolution mechanism is a system.The second part,this paper studies the basic theory of dispute resolution mechanism of environmental governance from the aspects of concept,subject,function and structural system.The disputes in the process of environmental governance are the disputes caused by the subjects of environmental governance when they perform the obligations of ecological environment restoration and damage compensation.The subject of dispute and the subject of dispute resolution in environmental governance are isomorphic to some extent,but the solution of dispute still needs to be guaranteed by litigation,so the judicial subject is also an important subject of dispute resolution.Environmental dispute resolution mechanism should have the realization of environmental justice,to protect the environment of public interest,regulatory governance rights dispute,for check,and other functions,to achieve the above function,environmental dispute resolution mechanism should be formed on the ecological ethics moral concept,environmental cooperation governance theory,and the theory of deliberative democracy theory,the administrative public property theory as the foundation,build for coordination and consultation,litigation dispute solutions,to environmental liability insurance system,public participation system,standard regional cooperation agreement to protect the structure of the system.?The third part,coordination of dispute resolution mechanisms for environmental governance.Coordination is the behavior of the superior government to urge the parties to negotiate and reach agreement voluntarily on the environmental governance disputes between the local governments that do not have subordinate relations through persuasion,mediation and other means,or to handle the disputes by way of adjudication if consultation fails.Coordination is not a traditional way of dispute resolution.As the basis of environmental governance dispute resolution,it comes from the provisions of article 20 of the new "environmental protection law".The prevention and control of environmental pollution and ecological damage across administrative regions shall be coordinated and solved by the higher level government.The fourth part,consultation on dispute resolution mechanism of environmental governance.Consultation is an activity in which the compensation right holder and obligor reach an agreement through consultation on ecological environment restoration or compensation.Consultation is a dispute settlement procedure initiated between the government and market entities on the issue of ecological environment restoration or compensation.The initiation of the consultation procedure has the characteristics of the government starting according to its functions and powers.The subject of compensation obligation shall not refuse to participate in the consultation procedure,but may withdraw from the consultation procedure because the consultation cannot reach an agreement.As the preposition procedure of litigation,consultation should pay attention to the connection of relevant litigation procedures,so as to avoid the conflict of litigation caused by sequence problems or the situation that the environmental public interest interests cannot be protected due to the poor connection of procedures.The fifth part,litigation for compensation for ecological and environmental damage arising from the dispute settlement mechanism of environmental governance.As a way to settle the disputes between the government and market entities in the process of environmental governance,the lawsuit of ecological environmental damage compensation is brought for the purpose of ecological environmental restoration or compensation.As an independent lawsuit,the ecological environmental damage compensation lawsuit is similar to the special procedure of state compensation lawsuit in form,and the state compensation lawsuit system can be partly used for reference in the process construction,which involves the procedure of realizing the rights and interests relief quickly and conveniently.The sixth part,environmental public interest litigation of environmental governance dispute resolution mechanism.Environmental public interest litigation has made a breakthrough in the traditional litigation in terms of subject,purpose,function and request scope.The behaviors that damage the public interests of the environment or cause significant risks of environmental damage should be included in the scope of litigation,and the behaviors of environmental governance subjects in the process of governance should be restrained with the functions of prevention and remedy.Breaking through the traditional environmental litigation focuses on the litigation purpose of protecting the personal and property interests of the parties,and taking the protection of environmental public interests and the ecological environment itself as the purpose of the litigation,so as to protect the legitimate rights and interests of the ecological environment that every member of the society should enjoy.The seventh part,the safeguard system of environmental governance dispute resolution mechanism.In addition to its own theory and system,the research on the dispute resolution mechanism of environmental governance must also consider the factors in the external environment to ensure the smooth operation of the mechanism,so as to comprehensively study the dispute resolution mechanism of environmental governance from inside and outside the system.Although the safeguard system cannot be directly applied to the settlement of disputes,it can reduce the risk of failure in the operation of the dispute settlement mechanism of environmental governance,and contribute to the prevention and settlement of environmental governance disputes.The eighth part,conclusion and prospect.