Research On Alternative Dispute Resolution Mechanism For Environmental Dispute

With the development of modernization, the society pays more attention on environmental problems, environmental disputes brought by environmental pollution and environmental damage become more and more. How to solve environmental disputes rationally is not only concerning protection of civil environmental rights but also concerning social stabilization. With more and more environmental dispute being brought into the courts, the limited judicial resources have hardly burdened the lawsuits. Confined to environmental expertise, the judges find it is necessary to address environmental dispute out of litigation. The alternative dispute resolution is characteristic of being better than litigation,so many countries would like to choose it when environmental disputes happen.In our country, environmental jural construction is on its way, along with litigation mechanism in environmental disputes is being improved,we also know the importance of alternative dispute resolution mechanism. But environmental ADR in our country is not perfect, and dispute settlement mechanism which suits for characteristics and actuality of environmental dispute is still not established and we are also lacking special organizations. So ADR can't exert its function in environmental disputes.This thesis is composed with the four parts, about 32-thousand words, and is written from the basic theory in environmental ADR, the present context of environmental ADR in china and other countries, and the methods to improve the environmental ADR in our country.The first part is about the basic theory of environmental ADR, including conception, characteristics, development of ADR and characteristics of environmental dispute, it aims to explain the function and advantage of environmental ADR and make a base for introducing environmental ADR.The second part is about the present context of the environmental ADR in our country, the author points out the disadvantage in our environmental ADR.The third part is about the practice of the environmental ADR in other countries, the author introduces some present systems on environmental ADR in USA and JPN.The fourth part is about the suggestions to improve environmental ADR in our country. With reference to foreign successful experiences, the author points out the thoughts to optimize our environmental ADR .The author also thinks that we should put an emphasis on civilian mediation, administrative ADR and establish environmental arbitration and juridical mediation before putting on record,in our environmental ADR construction.