On The Mechanism Of Enviromental Dispute Administrative Resolution

With the rapid economic development, China sees the serious environmental problems in this period. As the byproducts of the environmental problems, the environmental disputes are increasingly numerous and serious, with the advancement of China's environmental protection cause, and the enhancement of civic awareness of environmental protection, justice and legal rights.In order to resolve, timely and effectively, environmental disputes, countries not only reform their litigation systems, but also look for some alternative dispute resolution, especially their mechanisms of administrative dispute resolution.However, the actual operating conditions of environmental dispute settlement mechanism in China are quite poor nowadays. First of all, the administrative body of environmental dispute resolution (organs and personnel) can not cope with increasingly complex environmental dispute, mainly because its agency is unreasonably set and staffs are not professional. Secondly, Laws and regulations of environmental dispute administrative settlement are not clear, not specific, and lack maneuverability. Thirdly, the ways to resolve environmental dispute by administration are very limited. Finally, the decision of environmental dispute administrative settlement lack of enforcement of law concerned. The main reason for its performance: Legislatives connected and administrative philosophies of Environmental Departments are seriously lagging behind the actual needs. In addition, there are problems about the nature of environmental dispute administrative settlement and engaging mechanisms between administrative and judicial resolutions.So, this paper begins with listing systematically the basic theories of environmental dispute administrative settlement; makes an analysis of the concept, types and characteristics of environmental dispute, the concept, methods, nature and basis of environmental dispute administrative settlement; makes vertical and horizontal comparisons of environmental dispute administrative settlement in order to explain its reasonableness and feasibility; proposes the ideas of reconstructing environmental dispute administrative settlement mechanism and engaging mechanisms between administrative and judicial resolution.