Research On System Of Environmental Dispute's Non-litigation Resolution

Today, Chinese rapidly economical and social development causes a lot of environmental disputes. The growing environmental problems cause resistance to the sustainable development of China. The contradiction between man and nature has become even more acute. The harmony between man and nature deeply depends on the harmony between human beings. Therefore, the solutions of environmental are significant to the construction of a harmonious society in our country. The normal means of judicial proceedings to resolve environmental disputes tend to cause two problems. On one hand, the parties need to pay substantial litigation costs; on the other hand, the proceedings take a long time because of the complexity of the dispute, and the parties can not be beneficial when it comes to time. And effective protection of the environment is not conducive to public. Moreover, the litigation conflicts Chinese traditional legal culture. Taking a variety of channels beyond the litigation to resolve environmental is conducive to environmental protection, which can maintain the interests of the parties and promote harmonious development between man and nature. At present, there is not so much writing about the non-litigation environmental disputes (ADR) .The specialized systems analysis of the non-litigation practice in environmental disputes (ADR) solutions can not develop deeply because of the lack of relevant legal system, support and theoretical support. This paper aims at building and improving our environment non-litigation dispute resolution system, which would be beneficial to the goal of building a harmonious socialist society.This paper mainly consists of three components, then I will introduce the contents of each part briefly.In the first part, "The basic theory of non-litigation to resolve environmental disputes" , focuses on the emergence of non-litigation, the concept, characteristics, advantages and its basic types.In the second part, "the development that non-litigation to resolve environmental disputes", it explains and analyzes practical applications and succeed experiences about resolving environmental disputes in the United States, Japan, Germany and Taiwan; while it also analyses the development and application of our environmental non-litigation dispute resolution systems currently, and points out problems and deficiencies in the existing system in our country. Next, I make some legal analysis for it. In the third part, "considering improving the environmental disputes in non-litigation settlement," At first, it analyses the necessity and possibility of the environmental non-litigation dispute resolution system is used generally in China, then it analyses the improvement and development of the system in the basic principles and basic system .In conclusion, I am sure that the advantages that non-litigation solutions to resolve environmental disputes in the end. And I hope that more and more professors and scientists will study the problems and provide a system to ensure the achievement of the aim that human beings can live with nature harmoniously.