A Feasible Research On The Alternative Dispute Resolution Of Environmental Dispute

Along with the economical high speed development, in the worldwide scale environment question is more and more stern, from this initiates the environmental dispute day by day is also serious. Because the traditional lawsuit system has the inherent insufficiency in the solution environmental dispute aspect, the various countries change in abundance to the Alternative Dispute Resolution research and the construction. But the various countries' practice also proved the environmental-ADR to the environmental dispute solution extremely vital role, has obtained the tangible effect. Because US, Japan and so on the developed country and the local environmental-ADR its scientific nature, the validity already became the various countries' study and the model object.The environmental-ADR goal does not lie in the weakening or the substitution lawsuit system, but is corrects errors and rectifies abuses to the lawsuit system, the practice also proved, the environmental-ADR utilization has not weakened the lawsuit system the function and the status, on the contrary, the lawsuit system through the surveillance, instructs and confirmed each environmental dispute non-lawsuit solution way the movement and the result, the quietly expanded judicature use, its function and the status is having a more important transformation. The lawsuit system and the environmental-ADR is forming one kind of good interaction relations.Our country's environment question is day by day serious, the environmental pollution and the destruction accident and initiate from this the environmental dispute increases year by year, but our country at present environmental-ADR also has very many flaws, must consummate urgently. We must inspect various countries' fully the environmental-ADR, in this foundation overall evaluation our country's actual situation, consummates our country' s environmental-ADR.This article in the inspection, US, Japan national and in the local and so on compares and analyzes environmental-ADR foundation, in view of our country existing environmental-ADR existence insufficiency, proposed consummates our country environmental-ADR the tentative plan. The article altogether divides four chapters, first chapter of main introduction environmental dispute and environmental-ADR elementary theory; Second chapter mainly introduces American, Japanese, South Korean and our country Taiwan area environmental-ADR and to our country's enlightenment; Third chapter key introduced and analyzes our country environmental-ADR the present situation and the flaw; Fourth chapter mainly elaborated the author to consummates our country environmental-ADR some tentative plans.