The Research On Environmental Alternative Dispute Resolution

With the improvement of people's living standard and the environmental awareness, environmental problems have become a hot issue that people concerned. As more and more environmental disputes face to the courts limited judicial resources hardly to bear hot cases .So environmental disputes resolution has become an urgent practical and theoretical question. However, in our country, the mechanism of environmental disputes resolution is not mature, and there are many difficulties in the lawsuit, For example, the lack of the environment legislates, the reason for finding out the environmental dispute is difficult, the burden of proof is difficult, the lawsuit is delayed and so on. The more important thing is that our country has not formed the environmental non-lawsuit solution mechanism that conforms to the environment dispute characteristic and closes with the lawsuit systemThe USA is the first country which succeeds in applying ADR mechanism to the environmental dispute. The case of the Snoqualmie River Storm King Mountain and the Hudson River is the successful model that the ADR mechanism used in the environmental dispute. The application of these successful cases show a quite perfect environmental dispute ADR pattern has been formed in practice in the United States. The Successful experience and some insufficient that is worth to our country. In view of this, the author starts with the theory of ADR. Have analyzed the reason which USA succeeds in using ADR to solve the environmental dispute and pointed out the advantage of USA's environmental dispute ADR mechanism. In the end, The Author have explained the current situation of the environmental dispute ADR mechanism of our country, Stated on the basis of Chinese nationality, drawing on the experience of the USA. Proposed from the enhancement solution environment dispute legislation, the establishment environment dispute arbitration agencies, the fully display the function of the folk environmental protection association's in environment dispute, clear the legal effect of ADR these areas showed improve our system of environmental disputes ADR mechanism .Finally, it is use for connecting the judicial system and extrajudicial system .