Construction Of Environmental Dispute Arbitration System In China

Since the last century, with the rapid economic development and the urbanization promoting large-scale, world-wide environmental problems become increasingly severe, and has caused substantial harm to human life. Increasingly serious environmental problems caused environmental disputes is gradually increasing, and environmental disputes relating to social stability which has been the top priority of the situation in these environmental problems.Because of the professional environmental disputes, judiciary and administration handle the dispute easily. Arbitration is a quasi-judicial dispute resolution, its efficiency, confidentiality, flexible, professional compared to other ways is more appropriate for solving environmental disputes. Referring to foreign experience, many countries solved environmental disputes rationally and efficiently by the use of arbitration. Our country had environmental dispute arbitration practice in the 1970 s, but we has not yet set up a formal environmental dispute arbitration system up to now. Therefore, it is necessary to learn from the successful experience of other countries to build our country's environmental dispute arbitration system.Firstly, the paper start from the concept of environmental disputes, discuss its characteristics and contents, elaborate the development of environmental dispute arbitration from theory and practice and analysis reasons for its slow development from the legislative, judicial and institutional. Secondly, the author analyses drawbacks of China's current environmental dispute resolution by compared with environmental arbitration, and then reflect the advantages and necessity of environmental arbitration. Our country both has the legal atmosphere and social infrastructure, so it is feasible to elaborating arbitration rule system about environmental disputation. Finally, learn from the successful experience of foreign countries' environmental disputes arbitration, the author make a detailed concept of Chinese environmental dispute arbitration system depend on the current situation. The author put forward some new ideas on the subject of environmental dispute arbitration, the arbitration rules, protective measures and judicial supervision, in order to provide some help and suggestions on the construction of environmental dispute arbitration system in China.