Research Of Environmental Dispute Administrative Solving Mechanism In Our Country

Environmental issue is the inevitable phenomenon in the process of human development, and environmental disputes are the direct product from environmental problems. Increased environmental pollution, ecological destruction, environmental awareness and human rights awareness rising, resulting in the increase in the number of environmental disputes, therefore, timely and properly deal with environmental disputes has a major significance. How do we resolve environmental disputes perfectly, to balance the interests of all parties, to maintain social harmony and improve the living environment, promote the production of economic prosperity, have become an urgent task in front of us.In today’s society, the developed countries not only in addition use of litigation to resolve environmental disputes, but also actively develop non-litigation to resolve environmental disputes. In non-litigation of environmental disputes settlement mechanism, the administrative mechanism is very important. This system is widely adopted in many countries a system to resolve such disputes. Some countries and regions such as Japan, South Korea, and China’s Taiwan region, the legislation and practice provides us with a successful experience,, scholars have begun to actively explore this area started.At present, China’s administrative processing solution to environmental disputes of this system is only in the "Environmental Protection Law" Article41, paragraph2, of a simple principle requirement. The terms of the lack of systematic, easy to cause controversy, in practice, the solutions of environmental disputes still need to rely on the judicial proceedings. Therefore, our country should improve the mechanism as soon as possible in order to play its due role.The paper is divided into four parts:The first part is to define the concept of environmental disputes related to the administrative; the second part is to analyze the current state of China’s environmental disputes, and to find out theproblem of environmental disputes for a long tune undecided; the third part is to study and analyze the administrative mechanisms of environmental disputes in other countries and regions, and learn from their successful experience; the forth part is on the basis of learn from other countries and region’s successful experience, according to China’s actual situation, put forward specific proposals to improve the administrative settlement mechanism of environmental disputes.