Research On The Administrative Dispute Settlement System Of Environmental Dispute Of Our Country

As the production of environmental pollution, environmental disputes mainly appeared after the social industrialization and increase seriously with the increasing environmental pollution. Nowadays environmental disputes of our country are difficult to resolve, just because the specialties of environmental problems and the limitations of the administrative dispute settlement system of environmental pollutions of our country, one scholar of Taiwan once said:" What is important is the ability to dissolve the Major Public Nuisance Disputes but not the Major Public Nuisance Disputes itself."Environmental disputes are civil rights disputes which have some specialties different with common civil disputes, so the dispute settlement system should be in multiple forms, but the dispute settlement system of our country neglects the functions of administrative departments for environmental protection at all levels which exercise the supervision and management functions, which cause the environmental disputes of our country are difficult to resolve.In this article, the writer believes that the administrative departments for environmental protection have special advantages in environmental disputes settlement, like the superiority of professional technology which could handle the environmental disputes efficiently, and so on. But now under the existing law system, especially under the contradiction between Article 41 of The Environmental Protection Law of the People's Republic of China and its explaining, the administrative departments for environmental protection could hardly play an active role in disputes settlement. So in this article, the writer suggests to refer to the experiences of Japan, Korea and Taiwan, alter Article 41 of The Environmental Protection Law, draw up the law about the environment disputes, rule clearly about the departments and procedures of the administrative settlement of environmental disputes, by these practices, those serious environmental disputes which involve a great deal of complicated interests could be solved in time and in reason.