On Constructing System Of Environmental Arbitration In China

The environmental problem can closely accompany with the economic development.Especially, with the rapid development of economy after the Industrial Revolution the environmental problem has become more and more seriously. The exhaustion of renewable resource, the quality drop of the air, water, and the soil resource, the losing environmental function of natural resource have arouse increasingly concern among people.Owing to the escalation of environmental problem as well as the universal improvement of consciousness of environmental protection, the dispute of environmental resource, which is a kind of special civil dispute including many characteristics, has been increasing day after day. The dispute is caused by the indirect violation taken by the victim on his/her own initiative instead of using the subjective offence as the major factor. It usually demonstrates the conflict between the two sides of the legal right. Both parties of the dispute have the indeterminacy and there exists great disparity in their powers. According to the different causes of the disputes, the environmental disputes can be clarified into two kinds: the environmental polluting dispute and the environmental destroying dispute. While based on the different compensation requests of the victims, the environmental resource disputes can be clarified as the disputes of compensation in property damage, personal injures and spiritual hurt.The arbitration, which is inseparable with the special cultural characteristic is one effective way of settling civil disputes. However, neither the legislation nor the practice has attached any importance to the arbitration in the field of environmental resource disputes. By analyzing, the three factors of the indifference towards the arbitration are that the litigants lack of arbitrational consciousness, the obstacle of justice as well as the own flaws of arbitrational system.Any system of construction founds a capital needs to carry on analysis of necessity and the feasibility, only then has the practical significance in system design. The analyzing conclusion indicated that the necessity inthe theory and the feasibility in the practice exist in establishing the system of environmental arbitratin in our country. Therefore, this issue is practical in researching.There are a series of settlements of resolving the environmental resource disputes, among them, the arbitration is one of the important ways, which includes the characteristics of independency, quickness, efficiency, specialization and the secrecy. What's more its effect and function provided with compelling forces and legal standards which are just inferior to the environmental lawsuit. The environmental arbitration is one kind of disputing settlements can both be different in the environmental lawsuit and other ADRs .There are some realistic problems in the process of constructing system of environmental arbitration such as breaking through the litigants' qualification and the scope; broadening the stipulation of arbitrational agreement of environment; simultaneously developing the temporary arbitration and the arbitrational organization; forming the representative system of arbitration; the period of time which can be effective longer and so on.