The Studies On The Administrative Mediation System Of Environmental

Economic development and social acceleration of the industrialization process will inevitably lead to conflict between humans and nature. Contemporary China, frequent environmental pollution, resource destruction is getting worse. In this case, a linear increase in the number of environmental disputes. In the case of the sharp increase in environmental disputes, to take reasonable, fair, and timely means and methods, and thus effectively address and deal with environmental disputes as environmental law scholars and concerns facing the main topics.There are many ways to resolve environmental disputes and means. Environmental disputes in which mediation is one of the more important administrative methods are widely used, but also highlight its unique advantages in solving environmental disputes and effect. However, due to the ambiguity of the law, resulting in environmental disputes, administrative mediation in theory and in practice there are a lot of controversy. This will definitely affect the mediation of environmental disputes the practical effect of the executive, but also affect the environment disputes. Therefore, the mediation of environmental disputes, given the administrative study is of great significance.This paper is divided into four parts:Part I:the mediation of environmental disputes the basic theory of the executive. This section first the concept of administrative mediation of environmental disputes to be defined, and the agency from adjusting the specific nature of the dispute, the content of the limited nature of the mediation to the parties to the principle of voluntary mediation agreement is not legally binding in terms of environmental disputes, the characteristics of administrative mediation analysis; second, respectively, compared with the environment, environmental disputes arbitration administrative mediation, administrative mediation, settlement of administrative proceedings environmental differences; Finally, to explore the theory and practice of administrative work in the mediation of environmental disputes, the nature of the two different points of view, the main controversy point of environmental disputes, the executive made the decision in the end is part of the administrative appeal of administrative decisions can act, or are non-actionable acts of the executive to do the mediation were introduced, the NPC Law Committee a clear answer that this is an administrative mediation behavior. I think according to the nature of the mediation agreement, should be given the environment of the executive to enforce the effectiveness of mediation. Part Ⅱ:mediation of environmental disputes administrative unique advantages. First, the author of objective characteristics of environmental disputes from the analysis of the environmental administration on the issue of mediation in resolving the advantage, that the causes of environmental disputes with the complexity, breadth of subject and object, the social disputes have determined need to use environmental administrative mediation means of timely and effective manner to resolve disputes; Secondly, a detailed analysis of environmental disputes, administrative mediation system has its own advantages, has the professional and technical administration for the parties to seek mediation to resolve disputes findings provide the scientific premise of the program is flexible and easy to avoid delays due to litigation, the efficiency of the executive power to intervene as soon as possible the occurrence of actual harm the environment, protect the legitimate rights and interests, conservation of judicial resources, avoid unnecessary allocation of resources and relationships to adjust to maintain social harmony, and give full play to the parties autonomy of the six areas illustrate the unique mediation of environmental disputes administrative position; Finally, the elaborated method of mediation in resolving disputes and cultural origins.Part Ⅲ:environmental dispute mediation system administration view. First, China’s mediation of environmental disputes related to administrative law to give, at present only in the "Environmental Protection Law" Article41,"Water Pollution Control Act," Article86,"Air Pollution Control Act," Article45"Noise Pollution Law "has been provided in Article61; Secondly, I detailed analysis of the existing system of administrative mediation of environmental disputes defects, such as legislation dealing with environmental disputes, lack of uniform administrative requirements, technical environment, the executive is lagging behind, there is no mediation agreement legally binding, mediation of environmental disputes in the administrative process was not clearly defined, does not have a special deal with environmental disputes administrative agencies; once again to introduce the Japanese system of administrative mediation of environmental disputes, also known as public nuisance dispute handling system in Japan, Japan enacted a "public nuisance disputes Act," clearly defines the handling of public nuisance dispute have good offices, mediation, arbitration and ruled that Japan’s institutions are divided into public nuisance public nuisance disputes that the Central Committee of Adjustment Board and the Governor will review the prefectural pollution levels, According to the nature of the incident and review of the Central Committee’s functions will be determined; Finally, I compare China’s and Japan’s system of administrative mediation of environmental disputes, China and Japan derive inspiration.Part Ⅳ:improving environmental dispute mediation system of administrative measures. This is a major part of this article, such as the build environment, the legislative system, administrative mediation disputes, for example, learn from Japan’s "public nuisance disputes Act," the system in line with China’s actual situation,"Environmental Dispute Resolution Act"; clear environmental disputes, administrative mediation by the case, In addition to environmental tort cases, the destruction of natural resources generated by the case of disputes should also be included in the scope; set up a special mediation agencies and staff to ensure the fairness of dealing with disputes and authority to exercise powers of independence and neutrality; regulatory environment administrative dispute mediation process, there must be certain to pay attention to the mandatory standard, but not too casual, affecting the handling of the dispute, but did not like too formal litigation, damage to the environment of the administrative advantages of mediation; given mandatory effect administrative mediation agreement, mediation agreement reached after the country backed by coercive power, or the mediation agreement guaranteed by law, the parties refuses to perform when the other party may request the court to enforce, like other administrative acts given the same legal effect.In short, this article from the mediation of environmental disputes the basic theory of administrative analyzing the view of China and Japan through the administrative dispute mediation system environment, a complete set of administrative mediation of environmental disputes suggestions and strategies to highlight the environmental administrative mediation in environmental dispute resolution system in our country this a feature and advantage, effective solutions to environmental disputes.