Study On The Non-litigation Mediation Mechanism Of Environmental Civil Disputes

Currently, China is facing a serious of complicate civil disputes which are leaded by environmental problems.How to solve these disputations fast and effective deserves our deep concern. China's regulation and policy shows somewhat powerless when solving environmental civil disputes and in most circumstances we take the ways of lawsuits and mediating while China has not yet a specific law to resolve environmental civil disputes.Although Environmental Litigation is prescribed in the Civil Procedure Law, it has a high cost and low efficiency. Mediation is mainly dispersed regulated in people's mediation,administrative mediation and arbitration mediation system. Although non-lawsuit mediation has the advantages of being more flexible and faster when used in solving environmental civil disputes, it has a poor effect because of the non-perfect regulations.This paper mainly studied China's non-litigation mediation mechanism of environmental civil disputes, and proposed some countermeasures referring to practical experiences of the United States, Japan and South Korea. From a legal point of view,specific environmental non-litigation mediation laws should be legislated to improve this mechanism fundamentally and thus improve its operational procedures and organizational system though laws. In addition, any isolate rule is difficult to carry out its functions well even designed perfectly without coordination with other rules. Therefore it is necessary of building a multiple resolution mechanisms of environmental civil disputations.The core purpose of this paper is to explore resolutions with Chinese characteristics of environmental civil disputes through research on current non-litigation mediation mechanism combining Chinese national conditions. Wish that research of this paper could make some contributions to Chinese environmental civil disputes resolution.