Crisis And Change - Processing Mechanism Of Non-litigation Of Environmental Disputes

Environmental pollution has increasingly become the source of social discontent, more and more groups of environmental disputes frequently rose up, and even lead to violence. In face of environmental disputes, the traditional mechanism for resolving disputes through litigation confront many difficulties. The traditional dispute resolution mechanisms built on human to human, but environmental dispute resolution mechanisms need to build on the human to environment to human basis. How to found the alternative dispute resloution mechanism has become inevitable to prevent and deal with disputes.First, compared with the traditional civil disputes, environmental disputes have the several characteristics,the subject status inequality, involving complexity interests, the lag of the dispute and the information asymmetric; policy failures, market failures and the lack of public environmental awareness are deep-seated reasons; citizen environmental rights, public participation in environmental dispute, prevention environmental dispute should be the basis of the alternative dispute resloution mechanism. Based on the environmental disputes characteristics and the legal basis analysis, lay a solid theoretical basis for the construction of the alternative dispute resloution mechanism .Second, through analyzing the United States ADR and the Japan's ADR system and practice, the U.S. ADR system has the following characteristics,flexible and diversified program to facilitate the parties to choose; personally involved in decision-making to achieve a win to win; non-governmental organizations involved in disputes resolve to achieve public participation; environmental dispute settlement cases to the institutionalization of ADR. Japan's ADR has the following characteristics,a complete legal system; evidence collection authentic; organization providing professional and reasonable; administrative agencies cooperate with each other. China can learn from the advanced experience of these countries.Finally, Analyzing China's alternative dispute resloution mechanism imperfections and its perfection. Mainly analyze the defects of China's alternative dispute resloution mechanism and put forward the comprehensive proposal. From the view of concept: alternative dispute resloution mechanism confronts conceptual barriers; from the legal validity:the legal effect of settlement is not clear; from the view of impartial:the mechanisms difficult to safeguard the impartiality; from the system to see:no multi-system environment dispute resolution mechanism. Finally, this paper put forward improveing environmental dispute legislation, specific environmental dispute resolution agencies, establish the pluralistic environmental dispute approachs and establish environmental dispute resolution auxiliary systems.