Research On The Construction Of The Specialized Agencies Of Administrative Mediation Of Environment Dispute Of Our Country According To Law

Environment problem and economy development height coexists,with theenvironmental problem highlights,environmental dispute increased day by day,andthe proportion of environ- mental dispute cases has increased year byyear,effectively dealing with environmental disputes is benefits for environmentalprotection,social stability and economic development.At present our country is inthe economic transition,environmental dispute is just one kind of the various socialconflicts concentrated burst,our country environment dispute cases are increasingevery year,our country dealing with environmental disputes have two main ways:oneis through the court suit settled,one is through the environment administrativeprotection competent authority to solve.There are many environmental disputesprosecute into court,but because the inherent defect on the lawsuit in solvingenvironmental dispute,a backlog of cases,and because of the bad causal relationshipthat,many environmental disputes are not effectively solved.But the environ- mentalprotection authorities in authority distribution of our country,institutional setupexisting defects,when the environmental protection authorities dealing withenvironmental disputes,lack specified laws to provide explicit regulations.Therebyfailed to fully play an important role in solving environmental dispute,cause thetreatment effects of the environment dispute of our country is not very ideal.The form of many environmental disputes is environment civil disputes,manyenviron- mental civil disputes focus on dispute liability for compensation and the compensation amount above that,which is the controversy of civil rights of bothparties in the category of private law,civil rights can be controlled freely andnegotiate by the party concerned.And because environmental disputes relatedprofessional environmental science knowledge,environmental protection authoritieswho master professional knowledge of environment scientific and environ- mentallaw can play that advantages in solving environment civil disputes.The advancedcountries have been builded a mature system in utilize environmental protectionagency to solve environmental disputes,our country"Environmental ProtectionLaw"article 41 also set discretion to environmental protection authorities to solveliability for compensation and compensation in the environmental dispute.The way in dispose environmental disputes are varied for environmentalprotection authorities,just one of the ways is administrative mediation,on the basis ofthe current environ- mental law and social practice in our country,universal isadministrative mediation method,which embodied in many environmental speciallaw.At the present stage environmental protection authorities exercise the mediationright of environment disputes in our country,but there are some defect such asauthority cross,staffing less,quality low,together with our country does not havespecial environmental disputes law and special mediation organization,as well asthere exists different notions on the effectiveness of the administrativemediation,result in the import- ant role of administrative mediation without fullyplay.On the basis of presentation and estimate the environmental disputesinstitutions,procedures and special laws of the advanced country,and analysis thedefects of our country environmental dispute administrative mediation organization,reference the foreign advanced system,with the reality of our country,through laydown the development environment dispute mediation administrative laws andregulations and establish a special administrative mediation organization inenvironmental dispute,clear its status and personnel structure,jurisdiction,mediationpro- gram,legal responsibility,as well as to define legal effect of the administrative mediation agree- ment.Making full use advantages of environmental disputeadministrative mediation specialized agencies in solving environmental civildisputes,which is highly efficient,professional,and time- ly,environmental disputeadministrative mediation has special law and special agencies.court action andadministrative mediation constitute two cart to solve the environmentaldispute,timely and effective solve environmental disputes,protect the interests of theenvironment and environ- mental victim, maintain social harmony and stability.