Research On Multiple Resolution Mechanism Of Environmental Pollution And Health Damage Disputes Based On Evolutionary Game

Our country’s economy has developed rapidly in recent years,the problem of environmental pollution has gradually become a national governance problem.Incidents of human health damage caused by environmental pollution have been reported frequently.The settlement of environmental pollution and health damage disputes(hereinafter referred to as environmental health disputes)has received widespread attention from the society.The particularity and complexity of environmental health disputes pose a severe challenge to the traditional dispute resolution mechanism dominated by litigation.The strict rule system and sophisticated procedural mechanism of litigation have become an obstacle to the fair and efficient resolution of environmental health disputes.In contrast,non-litigation dispute resolution mechanisms such as mediation and administrative adjudication are flexible and convenient,which can make up for the lack of litigation and play a unique role in the resolution of environmental health disputes.Moreover,the “resolution of the Central Committee of the Communist Party of China on the Major Achievements and Historical Experience of the Party over the Past Century” adopted at the Sixth Plenary Session of the 19 th Central Committee of the Communist Party of China has clearly pointed out that since the 18 th CPC National Congress,we have continuously improved and perfected the comprehensive mechanism for the prevention,mediation and resolution of social contradictions and disputes,which has played an important role in comprehensively strengthening social construction.Obviously,it has great theoretical and practical significance to construct a multiple solution mechanism for environmental health disputes with mutual coordination and complementary advantages between litigation and non-litigation.Satisfying diversified interest demands is the internal driving force for the parties to choose dispute resolution methods,an important factor to promote them to actively choose non-litigation methods,and also the key to improve the diversified resolution mechanism of environmental health disputes.Therefore,this paper introduces evolutionary game theory and method to analyze the influencing factors of the parties’ choice of dispute resolution,and analyzes its deep influence mechanism,in order to provide direction guidance and scientific basis for constructing and improving the multi-element resolution mechanism of environmental health disputes.The paper mainly includes the following contents:First,the main obstacles affecting the choice of non-litigation methods of parties to environmental health disputes are found.By constructing the game model of the parties to environmental health disputes,and selecting representative real cases for simulation analysis.The results show that the choice of the parties’ dispute resolution method is mainly affected by the sunk cost of the failure of the non-litigation strategy.When the income of the non-litigation dispute resolution mechanism can make up for the cost investment of the parties’ failure of the non-litigation strategy,the parties will actively choose the non-litigation method,otherwise they will go to litigation,Thus,it provides direction guidance for the improvement of multiple settlement mechanism of environmental health disputes.Second,it discusses the evolution mechanism of the choice of parties’ dispute resolution under the influence of different factors.Based on the evolutionary game model of both parties,this paper constructs the game models under the guidance of the government,the participation of third-party organizations and the different connection between litigation and non-litigation systems,and makes a simulation analysis.Based on the analysis results,the following evolution mechanism is concluded: the government’s guidance and incentive,the standardization and specialization of mediation organizations,the active participation of administrative adjudication institutions and the smooth connection between litigation and non-litigation systems can reduce the parties’ dispute resolution cost,increase income and make up for the cost loss of non-litigation strategy,so as to eliminate the parties’ concerns about nonlitigation strategy,Promote them to actively choose non-litigation methods to solve environmental health disputes.It clarifies the main contents of the improvement of the diversified settlement mechanism of environmental health disputes,and provides a scientific basis for the effective settlement of environmental health disputes.Thirdly,a diversified settlement mechanism for environmental health disputes is constructed,which is composed of a driving mechanism,an operating mechanism,and a cohesive mechanism.Through questionnaires and interviews,this paper investigates the reasons for the low applicability of non-litigation resolution of environmental health disputes,and finds that the main obstacles to the diversified resolution of environmental health disputes are the lack of government guidance and incentive,the low level of specialization and standardization of non-litigation resolution mechanism,and the poor connection between litigation and non-litigation mechanism.In order to solve the above problems,starting from practice and with the help of relevant theories,this paper constructs a systematic diversified settlement mechanism of environmental health disputes composed of driving mechanism,operation mechanism and connection mechanism,which can not only solve environmental health disputes efficiently and fairly,but also conducive to the improvement of the national environmental health problem governance system and improve the governance ability of environmental health problems.Fourth,it puts forward countermeasures and suggestions to improve the diversified settlement mechanism of environmental health disputes.Analysis results based on evolutionary game,this paper puts forward three aspects to improve the driving mechanism,operation mechanism and Title Mechanism of diversified settlement of environmental health disputes,focusing on strengthening the guidance of government non-litigation dispute resolution,improving the standardization and specialization level of mediation organizations,and improving the connection between litigation and nonlitigation systems,and gives operable suggestions.In order to ensure that the above suggestions can really play the role of efficient dispute resolution,it is proposed that the Supreme People’s court and the Ministry of ecology and environment should jointly formulate the "opinions on comprehensively promoting the construction of diversified resolution mechanism for environmental and health disputes",standardize the recommendations as its main content and give them legal effect.