Research On The Administrative Mediation System Of Environmental Disputes In China

In the non-lawsuit resolution of environmental disputes, the administrative mediation is a very important system. It is not against mandatory rules of laws, selected independently and controlled by the parties to the disputes, and substitute for litigation proceedings. It possesses the function of resolving disputes flexibly, distributing judicial resources reasonably, and reducing the cost of dispute resolution. But it's difficult to solve related problem in practice by the absence of the legislation and theoretical research. The purpose of this article is to analyze and discuss the administrative mediation system of environmental disputes, and the concept, the necessity and feasibility of it, as well as the improvement of exercising it.The paper is divided into three parts.Part one gives a brief account of the administrative mediation system of environmental disputes. The section defines the concept of environmental disputes, introduces the concept of mediation, discusses the concept, characteristics as well as qualities of the administrative mediation of environmental disputes, and compares administrative mediation with administrative adjudication.The administrative mediation of environmental disputes is an administrative non-lawsuit procedure in order to settle specialized disputes, it means that the administrative bodies should mediate settlement on a neutral position and prompt the parties reach an agreement according to the legal procedure and methods that stipulated in some related laws.The characteristics of the administrative mediation system of...