Thoughts On Environmental Dispute Settlement Of Non-litigation In China Mode

In modern society, the mode of litigation has its unique advantages in resolving environmental disputes, but the limitation is also obvious if only depend on it. So, there is great significance and value to study and make full use of environmental dispute settlement of non-litigation. China's current environmental dispute settlement of non-litigation has many problems yet, and there are many gaps compared with the relatively mature state, such as poor run of civil mediation system, legal system and resources using of administrative handling is unreasonable, arbitration system is undermined, petition system is in embarrassment, the effectiveness and fairness of the mode inadequate protection, convergence with the mode of litigation is bad, etc. All the problems'existence need us study seriously, analyze and learn the experiences of foreign countries, research China's actual conditions, and perfect our environmental dispute settlement of non-litigation on this basis. Combining some experiences of environmental dispute settlement of non-litigation in United States, Japan and other countries, we can account from the following aspects to perfect our environmental dispute settlement of non-litigation: First, quicken perfects the legal mechanisms of our environmental dispute settlement of non-litigation, specialized legislation on administrative processing to resolve the problem of lacking specific legislation, and strengthen legal regulation of environmental petition to change the current embarrassing situation of environmental petition system; Secondly, promotes the diversified development of environmental disputes solution of non-defendant by increasing environmental administrative arbitration and introducing pollution prevention protocol system; Third, organization system construction, sets up civil mediating institutions of environmental disputes and makes environmental civil arbitration body individual settings to practical meet the special needs of environmental disputes'resolution, and reset environmental disputes administrative processing sector to ensure the fairness of treatment results; Fourth, strengthens the link of environmental dispute settlement of non-litigation and the mode of litigation, and by judicial protection enhance the resolution effectiveness of environmental dispute settlement of non-litigation, which purpose is fully completing our environmental dispute settlement of non-litigation.