On The Non-litigation Settlement Mechanism Of Environmental Disputes In The New Era

With the advent in the new era,environmental social conflicting caused by environmental problems have become a serious social conflicting in our country,and constitute a key factor affecting the national security.Therefore,the environmental problems resolved reasonably not only affect the protection of citizens’ legal environmental rights and interests,but are also related to the harmony and stability of modern society.However,with the explosive growth of various environmental problems,the problems get complex and difficult to be solved,and then the traditional litigation is not enough to solve those problems.Therefore,there is a very high theoretical value and practical significance to the research and using of the non-litigation settlement mechanism.This paper studies the basic theory of the non-litigation settlement mechanism for environmental problems,and shows the dilemmas as following:lacking a response to the priority concept of ecological protection,recognizing the negotiation method in the law,obstructing of the actual operation of the civil mediation system,softening of the legal system of administrative processing,lagging behind of the arbitration system,being unclear in the nature and scope of environmental petitions and existing a poor communication between the non-litigation settlement mechanism and the litigation settlement mechanism.In addition,after inspecting the United States and the Japan,the following experiences are put forward:clarifying the legal status of the non-litigation settlement mechanism,diversifying the non-litigation settlement mechanismsand coordinating the relationship between the non-litigation settlement mechanism and the litigation coordination.Finally,the following opinions are put forward:on the one hand,three basic principles must be followed:the priority to ecological protection,the autonomy of will and the coordinated development;on the other hand,the system of the mechanism is perfected:clarifying the legal status of the negotiation mechanism,improving the civil mediation organization system and the legal regulations for administrative processing,building an arbitration system,clarifying and refining the scope of environmental petitions and strengthening the communication between the non-litigation settlement mechanism and the litigation settlement mechanism.