Solution Of The Environmental Non-litigation Of Civil Disputes

Environmental disputes are the result of Times development. Along with the economical high speed develoPment, our country has been into a stage of a lot of environmental disputes. How to resolve environmental disputes effectively is a pop concerning question at present. The lawsuit as the major means of Civil Dispute of Environmental Pollution, it plays an irreplaceable role and the operation of resolving Civil Dispute of Environmental Pollution revealed some inadaptability. With the double challenge of quantity and quality on litigation of environmental civil dispute, people found that lawsuit is unable to do what he wants very much to do for environmental dispute, and it enhanced the determination of looking for another measure to solve environmental dispute. Especially in proposing the idea of building harmonious society, the lawsuit settlement of environmental civil dispute has even more impact on the harmonious thought of harmonious society, it reversed space for development for Alternative Dispute Resolution (ADR) except the lawsuit. The society respect people's right to choose and the rational pursuit of settling disputes make the E-ADR inclined to develop. It can be said that the join of internal and external causes are a catalyst of E-ADR, both the theory and practice proved the justice of E-ADR.The E-ADR has broad application of prospect, not only originated from the extension of the litigation inherent defects in environmental civil dispute, but also the integration of its own advantages and harmonious thought. The goal of production and development of E-ADR is not to replace the lawsuit, it wants to make up the shortages of lawsuit and establish healthy diversification mechanisms for solving environment disputes. This is precisely completed under the guidance of this kind of thinking. Get hold of environmental civil dispute particularity, research the E-ADR, expand the variety of E-ADR, and improve the ability of settling disputes, are the trend of environmental civil dispute and reasonable measure to solve unharmonious factor. However, the feasibility of E-ADR can not remove the obstacles of reality, the mediation, administration disposal and other ADR defects show that it is urgent to improve E-ADR. Fortunately, the research of foreign country on E-ADR is more mature, we can study it. This article is divided into four parts. The first part explains the environmental civil dispute and ADR for preparation. This section explains the concept and features of environmental civil dispute and ADR. Second, summarize the E-ADR. Discussed the origination and the main methods of E-ADR, and then told us its theoretical foundation and necessity. Third, present situation and flaw of E-ADR. Research the United States and Japan which develop well, find our shortages and reference to foreign successful experience. Fourth, measures to improve the E-ADR. Through the legislation, specific design for ADR and other problems improvement, we look forward to construct the E-ADR system with the organic unity and efficiency.