The Research On Alternative Dispute Resolution Of Environmental Dispute

Nowadays, environmental disputes are increasing and becoming more and more complex day by day, which has affected the stability of society and the life and property of people .So environmental disputes resolution has become an urgent practical and theoretical question. However, in our country ,the mechanism of environmental disputes resolution is not mature, and there are many difficulties in the lawsuit. But the ADR pattern, which emphasized the importance of agreement between litigants, has enormous superiority in environmental disputes resolution. A quite perfect environmental dispute ADR pattern has been formed in practice in some countries and areas such as the United States, Japan and Taiwan .This article will prove the ADR pattern, which is used to resolve environmental disputes as an alternative way. Although the lawsuit is the most authoritative and final one in the ways of disputes resolution, it has many insufficiencies because of its nature. However, the ADR pattern, which emphasized the importance of agreement between litigants, is easy, quick, costing few but effective and so on. So it has enormous superiority, being able to make up for the insufficiency of the lawsuit to a certain degree and provide multiple options for the litigant in disputes resolution.On the jurisprudence stratification plane, I will analyze the systematic value andthe actual significance from the multi-------dimensional angle of view of the legalscience, the economic science and sociological science, prove the procedural value of the environment disputes ADR pattern, provide the legal principle structure for the construction of concrete system, and reconstruct our environmental disputes ADR pattern as a whole. In the legislation aspect, we should revise the legal of Environmental Protection, and then make it become the environment fundamental law. In this law, all kinds of methods of the environmental disputes resolution should be stipulated. And we should consummate the environmental disputes ADR pattern which mainly includes the establishment of conciliatory and the consultative mechanism, the perfection of the system of environmental disputes mediation, the system of environmental inquiry and the system of environmental disputes arbitration, as well as the systematic conformity of the administractive sanction of environmental disputes, through learning from such countries and areas as the United States, German,...