Environmental Infringement Non-litigation Relief

Since the industrial revolution, the rapid development of modern industry, leading to increasingly serious environmental pollution, damage to the interests of environmental pollution after the victim’s lack of proper relief to the community brought a lot of instability. Our environmental tort relief system has been unable to meet the current complex environmental tort case. Britain, the United States, Japan and other developed countries have improved in relief proceedings, while improving non-infringement Lawsuit of environmental pollution, to achieve a good relief effect. At present, China’s environmental tort relief system has not been fully established, people suffering from environmental pollution in the infringement, filed litigation has been difficult. Environmental tort relief road struggling, with little success. Non-litigation remedy is simple, fast and efficient, but the vast majority of non-litigation relief only traditional folk type of mediation, the lack of judicial oversight and judicial support, there is still room for further improvement.After the1970s, the United States took the lead to establish non-infringement litigation relief system, developed countries are gradually construct their own non-litigation relief mechanism, and achieved good relief effect. In such an environment, how to learn from our outstanding foreign experience, chaff, choose to build an environment suitable for our non-infringement litigation relief mechanism is extremely important.In addition to the introduction of this article is divided into four parts. The first part is related to environmental pollution infringement to introduce the concept and content. Focuses on the problem of environmental pollution identified infringement, environmental characteristics and theoretical studies infringement related environmental rights; the second part is mainly on environmental tort relief methods-alternative dispute resolution mechanisms are introduced, also introduced domestic alternative dispute resolution mechanisms outside development survey, focusing on the meaning of alternative dispute resolution procedures, methods approach, in order to help our country on a non-Lawsuit build environment infringement. The third section describes the present situation of environmental pollution and non-infringement litigation relief, focusing on the analysis of the environmental pollution of non-infringement litigation remedy problems that exist in our country at this stage; while the United States and Japan focuses on non-litigation relief mechanism, and the status at home and abroad comparative study, in order to avoid weaknesses, to find a solution. The fourth part is made of non-litigation relief system to improve China’s environmental pollution infringement on the basis of the analysis of the previous section. Emphasis is put forward solutions and build environmental non Lawsuit non-infringement lawsuit against the general relief of environmental pollution problems of infringement.