On The Environmental Dispute ADR Mechanism In China

With the rapid development of society and progress in our country,environmental disputes caused by environmental pollution and damage are increasing.Environmental problems have aroused more and more people’s attention. Reasonablesolution to the environmental disputes, not only can affect the lawful environmentalrights and interests of the citizens’ protection, but also relates to social harmony andstability. Resolving the dispute of environment is important to the construction of aharmonious society in ChinaOverview existing environmental dispute solution mechanism in our country,except the traditional litigation, we also need to seek ways outside litigation.It is saidthat litigation approach is superior in many respects, so it is used to resolveenvironmental disputes around the world gradually. Nun-Litigation Dispute Resolutionmechanism is also called Alternative Dispute Resolution ADR (Alternative DisputeResolution). The concept originated in the United States, known as Alternative DisputeResolution methods in the United States, now the concept has become in today’s civillitigation system of all countries in the world outside of the floorboard of thenon-litigation solution procedure or mechanism.The current environmental dispute settlement mechanism in our country is still notmature; traditional way of litigation in resolving environmental disputes has manydefects and limitations, such as the judge defects in environment professionalknowledge,lack of legal effect; civil mediation system and administrative processingresources use arbitration system and the legal system is not reasonable; the environmenthas not yet been established; docking way of litigation and non-litigation way is bad andso on. The existence of similar problems, is not conducive to fundamentally to settledisputes between the parties, in view of the traditional way of litigation in resolvingenvironmental disputes exist deficiencies.We ought to perfect the lawsuit system in ourcountry at the same time pay attention to and give play to the ADR system’s importantrole in solving environmental disputes. ADR methods in dealing with environmentaldisputes has its unique superiority, beneficial to the environment dispute lawsuit systemindispensable supplement. ADR mechanism in the world have a certain degree ofdevelopment, and particularly the United States, Germany, Japan, South Korea andother countries and regions have relatively perfect environmental ADR dispute settlement mechanism. We should review and study their environmental dispute ADRmechanism, analysis, and draw lessons from their mature practice, combined with theactual situation of our country to constantly improve our environmental ADR disputesettlement mechanism. This article,through to the ADR system in solving the relatedproblems in the process of environmental disputes, hopes for the establishment andperfection of the environmental dispute ADR system in China.This article except the introduction and conclusion, is divided into four parts：In the first place, environmental dispute settlement mechanism, and brieflydiscusses the concept, characteristics and classification of the environmental dispute. Ofthe limitation of solving environmental disputes and litigation, litigation cost expensive,limitation and the applicable scope of the legal use will cause the relationship betweenparties opposing,these aspects discuss the litigation mode in the environmental disputeresolution of deficiencies, points out the non-litigation way in dealing withenvironmental disputes have the advantage. Finally discusses the relationship betweenthe litigation mode and mode for expansion of thesis.In the second part, environmental dispute ADR mechanism, first discusses thebasic theory of ADR mechanism, in this part elaborates on the definition of ADRmechanism, characteristics, types and ADR mechanism and development of the cause,analyzing its reason lies in the shortage of the lawsuit system and the needs of thedevelopment of economic globalization. Followed by environmental dispute ADRmechanism, mainly discusses the cause of environmental dispute ADR mechanism liesin the environmental lawsuit, lawsuit system itself has limitations, etc. Finally is theenvironment dispute ADR mechanism in the important meaning in the process ofsolving environmental disputes.In the third part,"the investigation to the environmental dispute ADR mechanismabroad and enlightenment", first of all to the United States, Germany, South Korea,Japan litigation settlement mechanism in terms of environmental dispute resolutionoutside the bold exploration and successful practice to do a brief introduction. Then toour country current environmental non-litigation dispute resolution mechanism the useand development of the carding and analysis, reveals the deficiency of currentenvironmental dispute ADR mechanism, we need to fully draw lessons from foreignadvanced system and mature experience to perfect the environmental dispute ADRmechanism in our country.In the fourth part,"the status quo of our country environment dispute ADR system", the first one by one explains various solutions of environmental dispute ADRmechanism in our country, such as negotiation, mediation, administrative adjudication,environmental letters and visits and arbitration, secondly points out the problem ofenvironmental dispute ADR mechanism in our country. This also is this article mainresearch significance, the purpose of the study is to better solve the problem.Specifically the problems existing in the environmental dispute ADR mechanismmainly include the lack of legislation and lagging, impartiality is difficult to getguarantee, legal force insufficiency, the environmental arbitration system notestablished, litigation and non-litigation bad cohesion, etc., were discussed in this paper.In the fifth part, the Suggestions of perfecting our country’s environmental disputeADR mechanism ", and this part is the key of the paper, paper in the first four part ofbedding mainly also for this part, the Suggestions are put forward based on the defectsand shortcomings in order to perfect our country’s environment the non-lawsuit disputemechanism, mainly from the basic principles of environmental dispute ADR mechanismin our country, environmental dispute ADR system overall train of thought andenvironmental dispute ADR mechanism in our country were analyzed, and the waythese aspects consummates our country existing environment dispute ADR mechanismin an all-round way.