Discussion On The Environmental Dispute Arbitration System

The environment has provided the survival and the development material base for the humanity, and it is an important content of the sustainable development. The environment quality will directly or indirectly affects and decides humanity's future and destiny. With the fast economical development, the environmental is polluted and the ecology is destroyed seriously day by day, and the environment condition worsens day by day, and then the environment dispute gradually becomes one of prominent social contradictions. Whether the environment dispute is solved relates directly the maintenance of the citizen legitimate rights and interests and the harmonious society's foundation.Because the present three solution of environment dispute in china ,which are consultation, mediation and lawsuit, has flaw , them can not meet need to solve the environment dispute fairly and effectively. The contradiction between the increases in environment dispute day by day and the backwardness of solution mechanism is more and more prominent. Constructing one new solution of environment dispute has the vital practical significance.It is proved that it is becoming one of the most important and the most effective way of solving civil and economical disputes outside the lawsuit and plays an important role in the social stability and the promotion of economy development, because the arbitration is highly effective, nimble, fair. In order to adapt to the domestic social development and the tendency of the international arbitration development, the calls for expanding the arbitration scope in the academic circle become more and more intense in the last few years. Under this background, the arbitration provides people with a new thought and possibility to solve environment dispute fairly and effectively at low cost.First, the author analyzes the flaw and the insufficiency of solution of the present environment dispute ,and suggests us to construct one new solution mechanism of environment dispute, which is arbitration ; Next, the author analyzes the legislation and the practice of the overseas environment dispute arbitration, in order to provide us with the experience from which we might profit to found the arbitration system of environment dispute; Once more, the author analyzes and studies the theory system of arbitration of the environment dispute thoroughly to provide us with the basis of the theory; Finally, in order to found our arbitration of environment dispute, the author proposes the concrete system design.