Research On The Environmental Arbitration System Of Our Country

Since the 60 years of the 20th century, with the rapid development of science and technology, the influence of natural environment by human beings broader and deeper. The utilization of natural environment leads to the improvement of social economy and urbanization level. However, the utilization of limited natural resources, which are used for one cause or another, resulted in the environmental violations. With the awakening of civil environmental awareness, the environmental dispute has become a large part of social disputes. Selecting a reasonable, timely, fair way to deal with environmental disputes, is not only related to China's legislative, law enforcement, judicial and legal theory, but also related to China's social development strategies. The appropriate remedies are given to victims of environmental violations is important to ensure our society stability and harmony.The purpose of the article is that we could resolve the environmental disputes by using arbitration system, and then we could deal with environmental disputes in diversity way and reflect the special value of arbitration. Firstly, we should establish a specialized "environmental dispute arbitration law", which based on modifying the "Arbitration Law" and "Environmental Protection Law"; Secondly, we should set arbitration departments within the department of environmental protection departments; Thirdly, we should establish a Certification System of environmental disputes arbitrator and introduce a neutral third party to the arbitration agreement in the process to promote success rate of reaching environmental arbitration agreement; Fourthly, arbitration in environmental preservation and property preservation of evidence in the arbitration system, which gives the applicant the premise of your property preservation and preservation of the rights of the evidence. This study is consisted of four parts to describe the environmental dispute arbitration system in China.In the first part, the arbitration of the environmental civil disputation is analyzed. The study is based on this theoretical foundation. In order to solve environmental civil disputes by the method of arbitration, you must find out the arbitrability of the environmental civil disputation. We discuss three aspects in this part. First of all:the property of the environment civil disputation. After analyzing the reasons of the arbitrability is based on the property of the environment civil disputation, and the concept of environmental disputes, we conclude that environmental civil property disputation has arbitrability.Secondly, we should pay more attention to the research necessity of establish the environmental disputes arbitration system. In this part, we analyze the way of resolve the environmental civil disputation:consultation, administrative processing and litigation. Since the complexity of the environmental civil disputation and the universality of environmental problem, the disadvantage of actual environmental civil disputation could be founded. The actual environmental civil disputation could not resolve the environmental civil disputation efficiently. Therefore, it is important to study and perfect the diverse solutions of environmental civil disputation. We also point out the meanings of the arbitration to solve environmental disputes by analysis the efficiency value and the fair value of the arbitration and conclude that the necessity of establish the environmental disputes arbitration system.Thirdly, we investigate the feasibility of establish the environmental disputes arbitration system in China. In this part, we discuss from three aspects:legality, psychologyand practice. We consider that the utilization of arbitration to resolve environmental disputes could not violate the Arbitration Law. Solving environmental disputes by arbitration could meet the psychological demands for both sides. And they all expect to resolve the problem by an easy, quick and inexpensive way. So it is a psychological basis for establish the environmental disputes arbitration system. The environmental disputes arbitration system is based on the development of economy, national legal system, people's environmental awareness and modern science and technology. The domestic and international experiences which use arbitration to solve the environmental disputes could give us a practical foundation. Through the above analysis, we prove that the feasibility of establish the environmental disputes arbitration system in china.In the fourth part, the study of establish the environmental disputes arbitration system in china is investigated. We selected several specific issues of build environmental disputes arbitration system:the principles of build the environmental disputes arbitration system in china; legislation; the selection of the environmental dispute arbitration system mode; the choice of arbitrators; jurisdiction issues; the agreement of environment arbitration and the preservation of environment disputes arbitration. We should establish a specialized "environmental dispute arbitration law" which is based on the modified "Arbitration Law" and "Environmental Protection Law" and set arbitration departments within the department of environmental protection departments; In addition, we should establish a Certification System of environmental disputes arbitrator and introduce a neutral third party to the arbitration agreement in the process to promote success rate of reaching environmental arbitration agreement; In arbitration environmental preservation and property preservation of evidence system, the applicant should apply the preservation of property and the rights of the evidence. Limited with the knowledge, these are only preliminary results about these issues. In order to establish a environmental arbitration system in our country, there are many important details of the problem should be discussed.