Environmental Disputes With The Study Of The Legal System

Environmental issues, related to every country on earth, the future and destiny of the people, all kinds of violations of environmental pollution and ecological damage resources event have become increasingly frequent, people's lives and property rights suffered tremendous damage and threats, thus resulting in a lot of environmental disputes , To social stability and economic development cause great damage. Therefore, to solve environmental disputes and resolve contradictions is to strengthen ecological and environmental protection an urgent task. Today, in addition use of judicial resolution of environmental disputes, but also positive developments in the proceedings of the ways to solve environmental disputes, especially the environmental dispute handling system. This system is widely adopted in many countries a system to resolve such disputes. Some countries and regions such as South Korea, Japan, and China's Taiwan region will be the environment for civil disputes into areas dealing with administrative regulations, and have achieved good results, scholars have begun to actively explore this area started. However, China's administrative processing solutions to environmental disputes of this system is only in the "Environmental Protection Law" Article 41, paragraph 2, of a simple principle requirements. The terms of the lack of systematic, feasible and one of several the lack of strict legal terms, it is inevitable to create ambiguity, misleading practice, and in practice the solution to the dispute is limited to civil proceedings, and other traditional channels. At present, most of the domestic research at the macro level, or the theory of scattered details of the treatment, and did not form a complete, a workable system for administrative processing. To build a well-established management system, it should be mainly from the handling of the request filed, the main processing, handling procedures to deal with the effectiveness of multi-pronged approach, the existing research on the basis of integration. But in real life or solve some problems, when the environment of uncertainty or dispute the victim did not know the victim of damage and handling of the request filed under the circumstances, how to protect the interests of the victims there is no clear legal provisions, should be Environment for civil disputes of administrative management system to expand, so that the system should play the role of the environment for civil disputes is the rapid, effective solutions. Firstly, the environmental disputes related to the handling of the concept of defining and secondly on China's environmental situation of disputes and finally successful practices from other countries and in accordance with China's actual conditions to improve China's environment management system of administrative disputes specific recommendations in light of China's laws Provisions of the status quo, put forward the idea of reconstruction of the system.