Research On The Environmental Dispute Resolution Mechanism

Environmental dispute settlement mechanism is a complex system which hasthe abundant connotation. It is an area which has the theory and the practice closecombination during the election of harmonious society. Thus, we should pay moreattention to this and keep improving it. The particularity of environmental tort andenvironmental dispute give us the thinking path. And the imperceptibility of the tortresult, the difficulty of victim in searching evidence and the validity of pollutionbehavior make a challenge to this question. How to solve these problems, the foreignexperience gives us some reference.Although our present environmental dispute settlement mechanism has thepositive influence in steady social order and solve conflicts, yet there are still someproblems existing: In the legislative system and idea, lack of environment anddevelopment of the comprehensive decision-making concept, methods and measures,the department legislation, interest division, the substantive, heavy administrativemeans light market means, heavy law provisions complete structure light lawenforcement conditional set, a lack of good coordination mechanism. In thesubstantive law, no will "environmentally friendly" value goal and the concept ofsustainable development throughout the legal system, private law of the binaryopposition between legal department, lack of unified system arrangement, and oftencause law of the conflict between the existing law does not have the solution of theconflict for the environment provides the reasonable foundation of substantive law,such as the environment right and not become our country citizen’s basic rights;Only the environmental pollution regulations of liability for damages, no uncertainenvironment pollution damage to the environment of the legal responsibility, also notsure because ecological destruction of the environment caused by the tort liability;Though certain environmental resources for all countries, but no specific set theproperty of the state in the environment resources agent, etc. In the procedure,according to three litigation division traditional pattern, because of the complexity of the dispute to the environment, the special requirements of diversity produced by thelack of response heavy action mechanism, alternative mechanism of light action ofproblems. In the action mechanism, the court to the environment of the disputes onstandards, the fact that, evidence, no law applies to follow; In the lawsuit inalternative mechanism, various procedural rules more lack, difficult to play its role.Solving environmental dispute, it needs the intervention and protection of statepower and the participation of NGO and social group. Therefore, environmentaldispute settlement mechanism of, must be the action mechanism and litigationalternative mechanism of multiple coexist. In our country, has set up the actionmechanism and non-legal mechanism can not very well play a role, environmentaldispute resolution the difficult question is very outstanding, the fundamental reasonfor the lack of reasonable procedure guarantee. In a sense, the actual effect ofChina’s environmental law sent and long do not take the procedural law security, andhave no dispute resolution mechanism as the power for the development of the lawdirectly related. Therefore, to construction adapt to the environment friendly societyenvironment dispute resolution mechanism, must fundamentally reverse lack ofprocedural law and the limitations of the situation, and constantly improve theenvironmental dispute settlement mechanism.This thesis investigates the environmental dispute settlement mechanism inAmerica, Japan, Taiwan, Korea and European countries, and proposes the defectionof environmental dispute settlement mechanism in China, then analyzes thedeficiency in the environmental dispute lawsuit mechanism and non-lawsuitmechanism in China. Such as, action mechanism in public litigation subjectqualification, procedural problems; non-litigation mechanism of impartiality in hardto get the security, non-litigation legal effect of the solution is not clear,reconciliation failure will produce a greater cost are discussed, and put forwardthrough the environment the lawsuits qualification of the expansion, the constructionof the environmental public interest litigation, group lawsuit system to improveexisting lawsuit establishment really mechanism, and also put building environmentadministrative disputes ADR mechanism as a key mechanism perfection present forum. Through the above measures it could eventually form the environmentaldispute solution diversified situation.