Environmental Civil Disputes Accusing The System Research

With the improvement of world economic development, social progress and people environmental awareness, environmental issues have become issues of concern to the general public, with the generation of a growing number of environmental disputes, the limited judicial resources have been unbearable and the timely and effective address the complex environmental disputes. Countries have begun to pay attention to research and build on non-complaint resolution mechanism. Non-complaint system has a flexible and timely solutions to environmental and civil disputes, and reduce dispute resolution costs, a reasonable allocation of judicial resources. Countries in the world practice has proved that environmental disputes, non-complaint settlement system to solve civil disputes on the environment has played an important role to obtain good results. Induction of non-complaint system to solve the environmental civil disputes practical experience, combined with China’s actual situation and the traditional legal and cultural factors, Improvement of non-complaint system to solve the environmental civil disputes is of great practical significance.Environment is a special kind of disputes, civil disputes, corresponding to the environment, civil dispute resolution mechanisms to develop their own characteristics, which reflect the new development and perfection of the emergence and various means of dispute settlement in the way in the new dispute settlement and so on. Non-complaint system to solve China’s environmental civil disputes, the text is divided into the following sections:The first part introduces the basic theory of the non-complaint system, summed up summed up the concept and characteristics of non-complaint system, briefly described the classification of non-complaint system, common methods and functionality, and to analyze the relationship between the non-complaint system and environmental litigation.The second part analyzes the environment, civil disputes in China the status of non-complaint system, described the concept and characteristics of the environment, civil disputes, summarized the advantages of non-complaint system to solve the environmental civil disputes, and analysis of the environment, civil disputes in China the people of the appeal system system of mediation, administrative mediation system, the arbitration system and other non-litigation resolution of the status quo.The third part, a brief analysis of people’s mediation system, administrative mediation system and the arbitration system to solve environmental civil dispute exists insufficient. People’s mediation system, people’s mediation team of professional requirements for less than the mediation of environmental disputes, the institutionalization of people’s mediation to a certain extent weakened its original strength; administrative mediation of the lack of specialized environmental disputes administrative processing agencies, administrative mediation in practice to solve environmental disputes, the actual function with the expected contrast larger.Part IV, on the basis of comparison and analysis of non-complaint system of foreign environmental disputes, non-complaint system for our existing environment, civil disputes shortcomings, and to explore the foreign environment non-complaint system Enlightenment.Part V, mainly on the some of the ideas and proposals I non-appeal system to improve the environment, civil disputes in China. First of all, the people’s mediation system to resolve the problems of environment, civil disputes, it is recommended to set up specialized mediation of environmental civil disputes mediation organization, to improve the quality of people’s mediation team and capabilities, and flexibility to appeal before the judicial mechanism applies to the merits of simple civil disputes to build a strong first line of defense of China’s social harmony and stability. Secondly, for administrative mediation system to resolve the problems of environment, civil disputes, emphasizing administrative tune the system to resolve the civil disputes should adhere to the voluntary principle, and to strengthen environmental administrative mediation agreement the force of law, improve the administrative mediation process, highlighting the administrative mediation system to resolve the environmental civil disputes advantage. Finally, this particular dispute for the environment, civil disputes, it is recommended by modifying the provisions of Article2of the Arbitration Act to expand the scope of the arbitration, clearly defined the accepted range of environmental civil property disputes to arbitration, and to advocate application of the arbitration system to solve environmental civil property disputes; environmental disputes arbitrator pool of experts, selected experts form an arbitration tribunal, arbitrator selection and composition of the arbitral combination of environmental science and environmental legal system should reflect the special nature of the requirements to comply with environmental disputes. Through a variety of ways to improve the environment, civil disputes, non-complaint system.