On Constructing System Of Environmental Disputes Arbitration In China

The rapid development of the economy caused a large number of environmental problems,at the same time, produced kinds of environmental disputes,these environmental problems and disputes has always plagued the people’s life and production. How to coordinate the relationship between the economic development and environmental protection has become an important topic that people have to face. To seek an reasonable way to solve environmental disputes that is not only related to the vital interests of the parties, but also means to maintain the social stability.In dealing with environmental disputes, current dispute resolution methods exist some defects, but flexible and impartial arbitration can solve environmental disputes rapidly and effectively. Compared to other environmental dispute resolutions, the superiority of arbitration make it necessary for building the environental arbitration system, at the same time, the successful practice of foreign countries’ environmental dispute arbitration system provide many experiences for us to construct our environmental disputes arbitration system, including the interaction between environmental arbitration and litigation of USA, the environmental arbitration double management system in Japan and Brazil’s folk environmental arbitration mechanism etc. Although it is necessary for our country to construct the environmental arbitration system,we face some obstacles,such as people awareness of the arbitration, the environmental arbitration foundation instability,and the arbitration system imperfect.But these problems that we have to face. Of course, Our environmental dispute arbitration system has some certain basic conditions including law, psychology, value, culture and so on. In this context, there is practical significance for us to study the construction of environmental dispute arbitration system.The conceptions of our environmental arbitration system must include the basic principles of environmental arbitration, the environmental arbitration law and the environmental arbitration procedures. Of course,the specific environmental dispute arbitration institution should be different from the general arbitration in a way,such as, implement quasi administrative environmental arbitration mode,relax restrictions on qualification of the environmental arbitration party,make clear the environmental arbitration agreement, ascertain the principle of territorial jurisdiction, establish the environmental arbitration institutions and the temporary arbitration system and choose longer prescription system and so on. In a word,constructing the environmental arbitration system to better solve Chinese environmental disputes.