The Research On The Dispute Resolving Mechanisms Of Rural Environmental Infringements

Socialist new rural communities construction was put forward in《The national economic and social development of the eleventh five-year planning proposal》that was adopted at the Fifth Meeting Of The Sixteenth Central Committee Of The CPC Congress. In the courses of new rural communities constructions, environmental infringement problems become hot research issues, while the point of how to establish and ferfect the dispute resolving mechanisms of rural environmental infringement problems need us pay special attention to deal with.The paper expounds the establishment of the dispute resolving mechanisms of rural environmental infringement problems in four parts.In the first part, though expounding the conotation of new rural communities construction, environmental protection of new rural communities,and rural environmental infringement problems in the courses of new rural communities construction, the paper introduces the establishment of the dispute resolving mechanisms of rural environmental infringement problems.In the second part, the paper expounds the current situation and right remedy difficulies of rural environmental infringements.The current situation of rural environmental infringements in new rural areas mainly include: serious agriculturalland polutions,serious land resources nibbles,serious predatory use of water resources, serious water polution and water shortage,serious air polution and so on. The right remedy difficulies of rural environmental infringements mainly include: the passive positions of rural residents in administrative lawsuit procedures, some prectical difficulties in compensationss of rural environmental infringements and so on.In the third part, the paper expounds the main patterns and their shortcomings of the current dispute resolving mechanisms of rural environmental infringement problems. The main patterns of the current dispute resolving mechanisms mainly include lawsuit ways and alternative dispute resolutions. The shortcomings of the current dispute resolving mechanisms mainly include: nonstandard appraisal programs prior to lawsuit, narrow scopes of accepting cases, narrow scopes of plaintiff's qualifications, weak executive programs, high litigation cost, powerful randomness in mediations, undefined legal effects of mediations, follow-up higher costs in mediation failures and so on.In the fouth part, the paper puts forward some suggestions in chinese dispute resolving mechanisms perfection of rural environmental infringement problems from the following perspectives: legislation pattern, system and regulation design, perfections of concrete resolving mechanisms and so on.