Stury On Environmental ADR Mechanism Of Our Country

Environmental disputes are about environmental rights and interests, including private environmental interests and public environmental interests. Private environmental interests contain property interests, personal interests and ecological interests, which can be freely dominated by the right owners except personal interests. That’s the reason why intercession can be the dispute resolution in environmental disputes. Meanwhile, Alternative Dispute Resolution (ADR), with its great advantages, is very suitable for solving environmental disputes, which makes the ADR mechanism in environmental disputes become the main approach in China and receive high expectation. However, the mechanism is just in the embryonic stage and can hardly meet the social needs, so we should not only study the necessity of building and improving Environmental ADR mechanism, but what and how to build and improve the mechanism.The essential distinction between environment disputes and civil disputes (including private and public interests) requires ADR to meet the characters of environmental disputes and to realize specialization in intercession target, basic rules, basic system and specific regulation, etc.Environmental ADR mechanism is a branch of mechanisms for solving environmental disputes. But being an independent system, its normal operation must follow the character and the fundamental principles of the mechanisms, and realize diversification in mechanism organization and harmonization in inside and outside relations.The article studies ADR mechanism in environmental disputes in the views of its necessity, specialization, diversification and harmonization.In chapter one, after listing current situations and difficulties of solving environment disputes in China, it points out ADR mechanism is the way to pull out of current predicament and the necessity to set up and improve ADR mechanism. In this chapter, author, first of all, introduces the history and current situations of domestic ADR mechanism and then points out that ADR mechanism is the main route to solve environment disputes currently. Thirdly, it demonstrates the usage of Environmental ADR Mechanism。In chapter two, based on the characters of environmental disputes, it points out the advantages, status and function of ADR mechanism, demonstrates the technicality of ADR mechanism in its nature and target and discusses the specialization of building and improving ADR mechanism. In this chapter, author firstly defines environmental disputes、ADR、Environmental ADR and Environmental ADR Mechanism, analyzes its characters, indicating the technicality of ADR mechanism’s nature—the disputes are about environment rights and interests and analyzes its advantages and limits in procedure, indicating its advantages in solving environmental disputes, it demonstrates the technicality of ADR mechanism’s target--balancing private interests and protecting public interests as well. Seccondly, it demonstrates the basic principles of mechanism.In chapter three, it points out that being a mechanism, Environmental ADR mechanism must follows the characteristic and basic principles of mechanism and demonstrates that ADR mechanism should realize diversification in mechanism organization and harmonization in inside and outside relations and lastly studies the diversification and harmonization of building and improving ADR mechanism in China. In this chapter, author firstly analyzes the organization and function of the mechanism.Then it discusses the coordination with external and internal relations and coordinated approach of the mechanism.In the chapter four, it introduces the formation and development of Environmental ADR mechanism in foreign countries and Taiwan, indicating that frequent intercommunication can improve the mechanism which is being the common tendency of solving environmental disputes. The chapter firstly shows some foreign countries’formation and development of ADR mechanism, such as the USA, the UK, Germany, Japan and Korea, then comes to the example of Taiwan. At last, it explains the enlightenments of setting up our ADR mechanism from the examples of foreign countries and Taiwan.Chapter five mainly introduces the main defects and reasons of Environmental ADR mechanism, which lead to the sixth chapter of solving real problems in the improvement of the mechanism. According to the practical investigation, the chapter analyzes the existing defects and then the reasons. In chapter six, the author points out several legal advices in perfecting our Environmental ADR mechanism. Firstly, it puts forward several advices in the views of legislative mode, guiding ideology and fundamental principles, etc. Meanwhile, there are some advices on setting up a number of systems, formulating operating procedures, completing public regulatory mechanism, administrative mediation mechanism, arbitration and mediation mechanism, and establishing effective coordination mechanism for internal and external relations.