The Study On The Our Country's Administrative ADR Scheme Of The Environmental Pollution Dispute

Along with the emergence and the development of environmental problems, there have been increasingly more and more disputes due to environmental pollution. Accordingly, there is a need to establish an effective dispute resolution scheme. Nowadays, shortages of lawsuit in settling environmental pollution disputes have been discovered worldwide. Thus, diversified dispute resolution scheme have been attempted to establish to remedy the shortage of judicatory scheme apart from the civil lawsuit system being perfected. Our country's environmental legal system construction is processing. As a result, the environmental law and the environmental lawsuit, which is based on the environmental law are not so much perfect. The administrative ADR scheme of the environmental pollution dispute is developing in the very need of the environmental dispute resolution.The text goes quite deep into systematical analysis and research, which relates to the summary of the environmental pollution disputes, the condition of present environmental dispute resolution scheme of our country, the necessity of establishing our country's administrative ADR scheme of the environmental pollution dispute, based on which the assumptions and suggestions of establish our country's administrative ADR scheme of the environmental pollution dispute are also raised.The text start with the character and specialty of the environmental pollution disputes to analyze the limitation of the present resolution scheme (such as lawsuit, compromise) in resolving environmental pollution disputes as well as point out more effective dispute resolution scheme should be searched for. The third chapter analyzes the necessity of establishing the administrative ADR scheme of the environmental pollution disputes in our country and demonstrates the rationality of the administrative power's intervening the processing of the environmental pollution disputes and the advantages of the administrative ADR scheme in processing the environmental pollution disputes. The fourth chapter raises the assumption of establishing our country's administrative ADR scheme of the environmental pollution disputes, including administrative mediation, administrative adjudication, administrative arbitration and gives a detailed description of the feasibility and applying process of each mode.