Research On The Arbitration System Of Environmental Civil Disputation

Since the last century, with the rapid economic development, the global environmental problems have been more and more serious, and environmental violations are increasing. Environmental violations and disputes which caused by environmental pollution and ecological damage may became a major social problems. The author hopes we can make use of the arbitration system to resolve environmental disputes within the framework of the current law system, so that we can deal with environmental disputes in diversity ways.The main issue is to fuse the system of arbitration with the environmental characteristics closely and reflect the special value of the arbitration system to resolve environmental disputes. Besides the introduction and conclusion article, the article has five sections:The first section is the research on the arbitrability of the environmental civil disputation. First the author gives the concept and characters of "arbitrability" , and point out what kind of disputes can be settled by arbitration; and than, the author Analyses why the environmental civil disputation can be settled by arbitration. This is the theoretical foundation of the whole article.In the second section, the author analyses the necessity of elaborating arbitration rule system about environmental civil disputation. First, the author analyses the advantages and disadvantages between several ways of settling environmental disputes currently. They take important role in dealing environmental disputes, but meanwhile have their weaknesses. Than by giving the concept of the arbitration about environmental civil disputes, the author demonstrates the value and significance of the arbitration system for environmental civil disputes.The third section is about the possibility of elaborating arbitration rule system about environmental civil disputation. The author explains it in two aspects: Our society both has the legal atmosphere and social infrastructure for elaborating arbitration rule system about environmental civil disputation.In the fourth section, the author discusses the basic principles of elaborating arbitration rule system about environmental civil disputation. They embody the spirit of the basic environmental arbitration, and it is of great significance for the procedures of environmental arbitration.The fifth section is about the research on several issues which may be important in arbitration rule system about environmental civil disputation. Such as the Organizational issues, the agreement of environmental arbitration, the procedures of environmental arbitration, and so on. Limited with knowledge, these issues the author selected may be merely the tip of the iceberg. We need a more in-depth study.