The Study About Infringement Dispute Arbitration System Of China’s Environmental Pollution

With the rapid development of economy, environmental issues emergent and has already caused substantive damage rather than predictable hurt to human’s life and the production. How to develop the economy while protecting the environment, human beings and the environment for the survival of harmonious coexistence is also an important issue that we have to face. In all environment issues, how to deal with environmental disputes, especially disputes of environmental pollution will become a top priority to maintain a stable equitable and harmonious environmental situation.Environmental issues lead to environmental tort and environmental tort damages, and seeking the means by which to solve the environmental pollution infringement dispute relates to the vital interests of the victim’s. Our existing dispute settlement mechanism has been unable to solve the frequent environmental pollution infringement dispute, and arbitration as a flexible and convenient mode of dispute resolution, has been paid more and more attention. Therefore, the author tries to introduce arbitration to solve the environmental pollution infringement dispute. Environmental pollution infringement dispute arbitration is using arbitration to settle the infringement dispute. According to the agreement made by the parties of environmental pollution infringement dispute prior or afterward, environmental arbitration institution identifies the pollution facts and the causal relationships relating to law, damages for the allocation of responsibilities and the amount of compensation. Then on the basis of the identities it makes a ruling binding upon both parties to resolve infringement disputes between each other.In China, the construction of the infringement dispute arbitration system for environmental pollution is possible and necessary. Defects and shortcomings of their own negotiation, mediation and civil litigation has been gradually exposed, and arbitration has the superiority that other dispute resolution does not have. At the same time, the arbitration system can learn from the international foreign system, such as the United States setting up a special environmental arbitration institution, the Brazilian’s environment arbitration institution going to be folk and so on. Therefore, the use of arbitration can solve environmental disputes very well. From several types of China’s arbitration system, environmental pollution should adopt a general civil arbitration mode, but in the design of specific system, general civil arbitration system should be certain extent different, such as making an arbitration agreement in the form of oral or writing, in the jurisdiction of the issue,using the implementation of territorial jurisdiction, and expanding of eligibility of applicants. The ultimate goal of building the environmental pollution infringement dispute arbitration system is to solve the environmental pollution infringement dispute.