Study On Legal System Of Chinese Environment Organizations Participation Of EADR

Since the mid-twentieth century, environmental pollution are caused by manycountries in the process of industrialization, people are gradually awakened byenvironmental pollution events, governments, individuals and various social groupsare actively involved in the career of environmental protection. With the advantagesof professional staff and public opinion foundation, environmental organizations notonly actively participate in environmental protection matters, but also play animportant role in the process of resolving environmental disputes, especially in EADR.Most of the countries in the world affirm the status and role of environmentalorganizations in EADR in the form of law. In China, environmental organizations alsoextensively participate in EADR in practice.Environmental organizations involved in EADR reflect the principle of publicparticipation and citizen autonomy principle in the field of environmental protection.Environmental organizations that participate in the solution of environmental disputes,which is of great significance to China’s environmental protection, it is not onlyconducive to share litigation pressure, but also to protect the rights of victims fromenvironmental pollution effectively. But in legal theory society in China, there is notgiven close attention to environmental organizations to participate in EADR, whichlegitimacy, status, nature, especially the issue of legal validity are lack of thoroughstudy. Additionally, there is no specialized law or regulations related to EADR, andthere are many defects and short comings existing in environmental organizations onthe qualification and its own building, which lead environmental organizations facemany difficulties when it involved in EADR. Lake of theoretical study and absent oflegislative regulation, it is not conducive to deal with the practical issues related toChina’s practice of environmental organizations which involved in environmentaldisputes, also harmful to promote the socialist construction of environmental law ofour country. In summary, in view of the necessity and possibility of the environmentalorganizations which involved in environmental disputes, it is necessary to strengthenthe theoretical study of the environmental organizations which involved inenvironmental disputes, by making its basic legal issues definite, such as itspositioning, its legal qualifications, its procedural safeguards and so on, furtherconstruct and perfect our environmental dispute resolution legal system. To perfect legal system of EADR, first of all, the legal qualifications of EADR should beconfirmed in legislation; secondly, special procedural terms should be set, to furtherprovide environmental organizations with applicable conditions, procedures, and legalvalidity and so on. Through the perfection mentioned above, building the legal systemof environmental organizations to participate in EADR in China, will be helpful tomaximize the positive role of environmental organization in participate in EADR, andpromote environment-friendly society to develop orderly.