Study On The Diversified Resolution Mechanism Of Environmental Disputes In China

With the continuous development of the social economy and the concomitant increase in environmental disputes,China's constant search for solutions to environmental disputes has initially formed a diversified solution mechanism.The multiple resolution mechanism for environmental disputes refers to a variety of dispute resolution methods and systems that can resolve the environmental disputes caused by environmental infringement and are closely related to each other.According to whether there is the participation of state agencies as a standard,the types of environmental dispute resolution mechanisms in China can be divided into two types:private relief and public relief.At present,there are three types of private remedies for environmental disputes in China:the parties' self-negotiation,private mediation,and non-governmental arbitration;the public remedies include an administrative solution mechanism and a litigation resolution mechanism.The administrative resolving mechanisms include administrative mediation,administrative adjudication,and administrative arbitration.And petitions and four categories.China's environmental dispute resolution mechanism inherited China's traditional dispute resolution mechanism and resolved some environmental disputes.However,there are still many drawbacks.The main disadvantages are:In private remedy:The parties'autonomy negotiation does not have enforceability;the private mediation is not professional enough,and the efficiency of mediation is 'low;private arbitration is not available in the environmental dispute resolution mechanism.In the case of public relief:administrative mediation is difficult,environmental petition legislation is lacking,and implementation is ineffective;administrative remedies are unbalanced;environmental litigation prosecution subject qualifications are too narrow;environmental public interest litigation is inadequate;specialized environmental justice mechanisms need to be improved.In the convergence of private remedy and public remedy:the various resolving mechanisms are not well connected,the relations are not harmonious,the effects are not balanced,and the repeated remedy is serious.In order to solve the contradiction of solving the increasingly escalating environmental disputes,we need to learn from the advanced experience of environmental dispute resolution in Japan and Taiwan,and improve the existing environmental dispute resolution mechanism in China:Formulate the "Environmental Disputes Resolution Law" and improve the related environment.Dispute resolution mechanism to achieve effective convergence between the various mechanisms.Improve the private relief of environmental disputes:Determine the legal effects of the parties' self-negotiation results,increase the effectiveness of private mediation,and give full play to the advantages of private arbitration.Improve public remedies for environmental disputes:In the administrative settlement mechanism,determine the legal effectiveness of administrative mediation,improve the environmental complaints and visits system,and establish a coordinated and efficient administrative solution mechanism;in terms of litigation settlement mechanism,relax the subject of environmental disputes Improving environmental public interest litigation and setting up special environmental lawsuits.