Discussion On Civil Mediation System Of Environmental Dispute

In the twenty-first century, industrial civilization not only brings rich material comforts, but also brings many unprecedented social problems. With acceleration of economic development and technological progress, the number of conflicts and disputes in the environmental resources development ,utilization, protection, improvement and management is growing. These disputes are characterized for its comprehensiveness, complexity and latent, and they challenge the social rules and dispute settlement system by the difficulty of solving. The limited judicial resources have been difficult to meet the needs of environmental dispute resolution. In this case, the ADR (Alternative Dispute Resolution) shows the importance day by day. Mediation, as the world's fastest growing ADR, should play an active role in dealing with environmental disputes. Civil mediation, which known as the "Oriental experience," is the meeting point of civil governance and the rule of law. Civil mediation liberates environmental disputes resolution from the national administrative, judicial system and legal persons to an open society and makes national law and civil norms, litigation and ADR, mandatory regulations and social norms integrated. Civil mediation relieves judicial and social pressures, maintains relations between the parties, and meets the diverse needs of interests, thus to promote the sustainable development of society.In recent years, a series of laws (such as "Measures for Disclosure of Environmental Information (for Trial Implementation)", "People's Mediation Law") and national policies have provided a precious opportunity for the development of civil mediation of environmental disputes. Civil mediation of environmental disputes, with the role of harmonious civil society construction, order protection and interests coordination, should be vigorously promoted as a means of dispute resolution. Through analysis, the author finds that there are problems and deficiencies in China's environmental dispute mediation system, whether in practice or legislation. Therefore, after learning from Consumers Association Mediation, Medical Disputes Mediation and extra-territorial civil mediation of environment disputes, the author puts forward the idea of perfecting a sound system of civil mediation of environmental disputes, which consisting of concept changing, the necessity and possibility for legislation and system construction. The author believes that civil mediation of environmental disputes should be altered from mediation according to authorities to mediation according to laws, expand the scope of subjects and objects and complement with judicial system, in order to make the civil mediation not only consist with characteristics of environmental disputes but also coordinate with the litigation system.