The Construction Of China's Environmental Dispute Arbitration System

The environmental disputes have become increasingly fierce with the economic development,and the current resolution mechanism about environmental disputes is“powerless”in China,reconciliation,mediation,administrative handling and litigation all have certain limitations in resolving environmental disputes.As one of the important means of dispute resolution in civil and commercial field,arbitration will be able to resolve environmental disputes more efficiently if it can be applied in the environmental field.Therefore,the author made attempts to construct the arbitration system about environmental disputes based on the references of foreign countries such as the United States,Japan,Korea and the labor disputes arbitration system in China,the paper is divided into four parts in addition to the introduction and conclusion.The first part:Overview of environmental disputes and the arbitration system of environmental disputes.This part firstly made a clear distinction between environmental disputes,environmental pollution disputes and environmental infringement disputes to identify what environmental disputes are,as the steppingstone to the below discussion about the feasibility of arbitration of environmental disputes;secondly introduced the arbitration of environmental disputes on the basis of introduction of the arbitration system history evolution and development history in China,and demonstrated that it's quite necessary to construct the arbitration system about environmental disputes in China under the circumstances of present extremely complicate and increasing environment disputes;The final part of the chapter also made analysis on the nearly blank state of the arbitration system of environmental disputes in China,only knowing about the“crux of the problem”,we could“suit the remedy to the case”,remove obstacles,and then possibly construct the arbitration system about environmental disputes.The second part:Demonstrate the feasibility of arbitration about environmental disputes.This part mainly demonstrated from two aspects of theory and practice,“the superiority of arbitration of environmental disputes and the feasibility of arbitration of environmental disputes”showed that the construction of arbitration system of environmental disputes has had the feasibility on inner theoretical level;then listed two cases of applying arbitration into environmental administrative law enforcement in China,reflecting that arbitration of environmental disputes is not“nonsense”inChina and has many aspects for reference,meanwhile discussed about the foreign experiences and the lessons from references of China's application of labor disputes arbitration system,which indicated that the selection of arbitration pattern for environmental disputes has exterior practical basis.The third part:The basic assumption of the construction of arbitration system of environmental disputes in China.This part made the basic assumption on the construction of arbitration system of environmental disputes in China based on the relevant provisions of“Arbitration law”in China,including arbitration institutions of environmental disputes,arbitrators setting and the provisions of arbitral proceedings.The fourth part:Make expansive assumption on the the construction of arbitration system of environmental disputes in China,according to the groundbreaking changes to the relevant system of“arbitration or trial”,preservation system and jurisdiction system in the current“Arbitration Law”in China made by the particularity of the environmental disputes,add simple procedures of environmental disputes and also make attempts to get certain administrative power involved in the process of arbitration of environmental disputes.