Study On Applicability Of ADR In The Resolution Of Environmental Disputes In China

ADR comes from the abbreviation of Alternative Dispute Resolution, which was originated from the United States, formerly especially was used to define the USA modern alternative dispute resolution, but has been extended to be the general name of non-lawsuit dispute solving procedure or non-lawsuit dispute solving mechanism beyond lawsuit system universally in the world.At present, environmental disputes was worse than before, how to effectively solve environmental disputes have become a hot issue in environmental law circle. Environmental issues, being a complex social problems, and reflecting the various interest conflict, was not solved only by means of litigation, which have been proved by theory and practice. Examining existing dispute resolution system and introducing new dispute resolution method was urgent task for effectively solving environmental disputes. From China's current environmental dispute resolution mechanism, lawsuits appear more disadvantages as the traditional ways solving the disputes. The existing dispute resolution mechanism beyond lawsuit, such as people mediation and administrative settlement, were extremely undeveloped, but also can not availably deal with environmental dispute. Simultaneously an organic system was not formed due to kinds of dispute resolution conflicting and in coordinating each other. ADR would be widely applied because of its advantage of solving environmental dispute. In this case, the existing dispute resolution mechanism beyond lawsuit must be integrated to construct an organic system, In other words, the Alternative Dispute Resolution of environmental dispute (Environmental ADR), playing a role of solving environmental dispute, must be formed. Environmental ADR and lawsuit become diverse dispute resolution mechanism to effectively solve environmental dispute in china.This paper was divided into four parts and introduction, endnotes, mainly from the following several aspects:In the first part, Environmental ADR was introduced, including conception, characteristics, types, and composition of environmental ADR, in addition style of law and environmental ADR, characteristics of solving environmental dispute.In the second part, Environmental ADR was described to search for successful experience reference by our country, including generation, development, and applicability in foreign, such as UAS, Japan, German.In the third part, the applicability of ADR solving present environmental disputes was analyzed from two aspects of necessity and feasibility. The conclusion shows that ADR has certain applicability, but this applicability of Environmental ADR must be enhanced on account of still existing some problem.In the fourth part, some suggestions, how to fully play the positive role of ADR, and enhance ADR applicability, were proposed. In guiding ideology, ADR effect was renewably recognized by differentiation view, base on abundantly utilizing traditional resources, foreign successful experience applying ADR was properly refered; ADR mechanism was brought into legal orbit to legally operate Environmental ADR through the environmental disputes deal of special legislation; The specialized agency was established to reinforce way of administrative adjudication, and improve arbitration system; The cohesion was realized between ADR and lawsuit system by means of enhancing legal effect on kinds of results of ADR treatment, and conditionally building preposition system; The public participation's principle was establish according to clearing civic environmental right, and strengthening ADR propaganda work, supporting development of public Environmental Protection Organizations.