Research On The Civil Dispute Mediation System Of Rural Groups Of Environmental Damage In China

With the prosperity of China’s gradual domestic rural economy and the pace of construction of new countryside advance, growing environmental pollution in rural areas. According to statistics, due to environmental problems induced mass incidents, annual growth rate of29%, seriously affecting the harmony and stability of our society. Began to appear from2007onwards dispute, until11July2010conflict broke out in mass numbers Jingxi thousands of people participated in the event, resulting in a significant social impact. Occurred in rural areas of mass environmental damage should the improper handling of civil disputes, easily explode into violent mass incidents. Environment has been limited judicial resources can not meet people’s resolve environmental disputes, protection of environmental rights requirements. How to effectively solve the rural communities of environmental damage related to the ability of civil disputes at the bottom of society to protect the legitimate rights and interests of farmers and vulnerable populations and vast area of rural ecological environment. People’s Mediation is a dispute resolution system with Chinese characteristics, and environmental damage so that the people’s mediation of civil disputes and civil law norms at the national level, litigation and non-litigation system, peremptory norms of civil autonomy to achieve complementarity and integration. Environmental damage people’s mediation in civil disputes and judicial procedures are complementary and interrelated help alleviate the shortage of judicial resources and social pressure in favor of maintaining the relationship between the parties, to build a harmonious society.Issued the " People’s Mediation Law" and other laws and regulations, the implementation and the introduction of various environmental policies, China’s rural population are developing environmental damage people’s mediation of civil disputes provide a legal basis. In this paper, the rural population of the environmental damage people’s civil dispute mediation system start on that it has to resolve the dispute in a timely manner, coordinate the interests of maintaining social stability and building a harmonious society, such as the role should be vigorously promoted, should continue to improve. Based on the rural communities of environmental damage civil disputes, China’s People’s Mediation System overview and discusses the rural population of the environmental damage people’s mediation system for civil disputes than litigation, arbitration, negotiation and other methods of dispute resolution advantage. Then expounded China’s rural population of the environmental damage in the people’s civil dispute mediation system history, current situation and insufficient. Inadequate legislative level where there is currently no dedicated mainly rural mass disposal of environmental damage in civil law disputes; people’s mediation legislation does not explicitly damages for civil disputes in rural communities of environmental laws and regulations; lack of legal regulation mediator acts, mediator neutrality, impartiality and so difficult to protect. Inadequate implementation level are mainly designed for the people of the rural population of the environmental damage mediate civil disputes insufficient resources; solution farmer groups on the role of the People’s Mediation System Fun lack of knowledge; using people’s mediation system has failed to effectively protect the environment public interest. Related environmental disputes through mediation system in the U.S. and Taiwan, China introduced should have been building professional mediation staff, give full play to the power of civil society organizations, to enhance the role of judicial authorities to provide protection for the people’s mediation revelation. Finally, the improvement of the rural population of the environmental damage people’s mediation system for civil disputes some suggestions. Among them, the first damage legislative level civil disputes clear environment of rural communities in the form of legislation that defines the meaning of environmental damage equal civil disputes between civil subjects due to environmental pollution and ecological destruction and other environmental hazards of public and private acts of property damage or human and mental health damage as well as civil disputes arising from the deterioration of environmental quality and environmental decline caused. Second, apply to civil disputes expressly noted rural people’s mediation means of mass environmental damage caused by the application and procedures. Third, a sound legal system for mediator activity, avoidance system developed mediator, conciliator and earnestly safeguard the impartiality and neutrality. And, in the implementation of the implementation of China’s rural population of the environmental damage the construction of civil disputes in the direction of people’s mediation system mainly consists of:first, to strengthen the people’s mediation team building. Second, pay attention to absorb the power of non-governmental environmental organizations. Third, the establishment of specialized environmental dispute resolution organization. Fourth, encourage and guide farmers to priority groups, the People’s mediation resolves a dispute. Fifth, strengthen the interface with other systems of dispute resolution. In the process of improvement should focus attention to the problem are:To maintain the independence of the people’s mediation, civil resistance, focus on protecting the environment public interest.Rural communities to build increasingly sophisticated environmental harm peoples civil dispute mediation system will greatly reduce the occurrence of mass incidents in rural environment, safeguard the legitimate rights and interests of damage to farmers, to achieve harmonious development.