Study Of Environmental Dispute Resolutions In China

Environmental dispute is a contradiction that due to obtaining resources from the nature and putting the waste in it at the same time in order to Meet the needs of producing and living leading to trespass property interests and personal interests of the particular subject or environmental public interest of non-specific subject between the victim and the perpetrator. According to different classification criteria environmental disputes can have different classifications. Environmental disputes have complex causes, morphological diversity, extensive range, subject uncertain and the two sides unequal, highly professional and sociality characteristics. Environmental dispute settlement mechanism is a system which is used to solve environmental disputes caused due to pollution and ecological destruction trespassing environmental interest, and that is consisted of various means and coordinated each other.In this paper, the author makes a comparative study on environmental dispute resolutions in the United States, Britain, Germany and Japan by consulting the relevant literature. Environmental dispute resolutions include environmental public interest Litigation, and EADR mechanism in America; Environmental Dispute resolutions include group litigation, EADR mechanism and system of environmental agreement in Britain:Environmental dispute resolutions include organization litigation and system of environmental agreements in Germany:Environmental dispute resolutions include representative litigation and administrative processing system in Japan.Environmental dispute resolutions include negotiation of the parties, mediation, environmental arbitration, administrative processing of the environmental protection departments and environmental litigation in China. But the dispute resolutions are not complete, failing to form a coordinated and efficient dispute resolution mechanism. Negotiation is often influenced by the extent of the environmental contradiction. Arbitration is not clearly defined in our existing arbitration law and environmental legal system. There are different comprehensions about administrative processing due to the ambiguous legal language, leading its nature and effectiveness is not clear and limiting the administrative processing to administrative mediation. The plaintiff qualification on environmental litigation is too strict, and the corresponding supporting systems are not perfect.For the above shortcomings, first. I propose to establish environmental arbitration system and to advocate environmental mediation to improve civil solutions of environmental disputes. Second, about the administrative processing, I propose to let the higher environmental protection department to lead the subordinate departments vertically, then set up a special organization to deal with environmental disputes in the environment protection department and develop a variety of administrative approach and clear the nature and effectiveness of administrative processing. Finally, in order to improve environmental litigation, our country must relax the strict restrictions on plaintiff qualification and set environmental public interest litigation system and improve the necessary supporting systems. It is more important to make all kinds of means to complement and coordinate each other. A unified environmental dispute resolution mechanism will be established that can resolve all environmental disputes justly and efficiently then ensure continuous development of economy, society and environment.