The Research On Environmental Alternative Dispute Resolution

With the increasing environmental problems, environmental disputes are more and more, which give challenge to current disputes resolution system. Many countries not only reform civil lawsuit system to adapt environmental disputes resolution, but develop EADR to make up the defect of judicial system and alleviate environmental disputes. Chinese environmental laws are perfected, as well as pay attention to the importance of EADR. But Chinese EADR neither form environmental dispute resolution system which adapt the characteristics and situation of environmental disputes nor pay attention to link up EADR and EADR's institution environment. So it is hard to fully give play to the role of EADR. According to it, this paper studies EADR, the emphasis is the study of the experience and lesson of some countries and area through the New Institutional Economics.There are five parts in this paper. The first part of this paper is foreword. It discusses the background, motive, purpose, the current situation, the method and the train of thought. The second part of this paper is introduction. It discusses the traditional dispute settlement system, environmental dispute and environmental dispute settlement system and the relation between them. The third part of this paperis the basis of theory------the New Institutional Economics. It introduces NewInstitutional Economics and forms the study formation. The fourth part of this paper studies the process of EADR in American and Taiwan in view of New Institutional Economics, and generalizes the effective factors. The fifth part of the paper is conclusions and enlightenment on China. On the basis of the last conclusions, the writer gives suggestions about Chinese EADR.