Research On The Relationship Of The Administrative Resolution Mechanism And Litigation Mechanism Of The Environmental Civil Dispute In China

With the economic development and the environmental awareness of citizens, a modern type of environmental dispute had arisen. To the traditional theory that the private right is self-governing, the parties have the rights to dispose of their civil disputes. The administrative power interference shouldn't be too much. Therefore, the involvement of private disputes by the administrative power has been tried to evade. However, environmental dispute is related to the interests of the non-specified majority in wide areas. It requires judgments based on professional knowledge to solve them. Thus, in addressing the environmental civil disputes, the active assistance of the executive institution that masters more social resources is very necessary.This article points for the introduction, the text and conclusion, the text includes four chapters. The first chapter starts from the basic issues of environmental civil dispute, provides the information of the concept of environmental civil dispute, describes the basic issues of the environmental civil dispute resolution mechanism, analyzes the validity of administrative resolution on the environmental civil dispute.The second chapter focuses on countries which more developed on the environmental civil dispute resolution mechanism, describes their models of the relationship of the administrative handling mechanism and the mechanism about environmental civil disputes. It establishes the basis on this issue for our country.Chapter three illustrates Chinese model of the relationship of the administrative resolution mechanism and the mechanism about environmental civil disputes, proposes the problems to be solved on the construction of this issue.The last chapter improves the administrative resolution mechanism in our country, proposes a new model for environmental civil dispute, and the specific system construction of this model. The new model is the procedure selection and non-concurrent, the administrative adjudication is binding, administrative mediation is effective though the legal validation.