Research On The Judicial Settlement Mechanism Of Environmental Disputes

In the past few decades,China's economy has achieved rapid growth.,however,followed by environmental problems,as well as the environmental dispute is growing,especially the environmental pollution and ecological destruction caused by the massive property damage and pollution events,and even produced a number of large-scale mass environmental disputes.At present,the effective solution to the environmental dispute has become the common concern of the legal circles.Justice,as the last line of defense of fairness and justice,is one of the most standard,authoritative and most effective dispute resolution mechanism.However,due to the environmental protection law of our country starts relatively late,the relevant judicial environment dispute settlement mechanism system is imperfect and so on many problems,for the most part cause the environmental disputes in the practice is not among the judicial proceedings.Therefore,it is necessary to perfect the current judicial settlement mechanism of environmental disputes in China,based on the practical situation of the country,we can draw on the feasibility of the judicial settlement system of foreign environmental disputes,and strengthen the relevant legislation of the judicial settlement mechanism of environmental disputes,perfect legal environment disputes settlement mechanism of legislation,and further improve the environmental dispute resolution mechanism between the court and the procuratorate,so as to realize the fair and effective settlement of environmental disputes,and thus realize reasonable and effective protection of the environment.The paper consists of five chapters:The first chapter "Introduction",the research background,research significance and domestic and foreign research status of this paper are introduced,and the key points and innovation points of the research are sorted out.The second chapter "Overview of environmental dispute resolution mechanism",the concept and type of environmental disputes are introduced to clarify the basic concepts,and the existing environmental dispute resolution mechanism of China is explained and analyzed,furthermore,the paper puts forward the challenge of traditional environmental dispute resolution mechanism in China.Third chapter "The current situation of judicial settlement mechanism of environmental disputes in China",through to the Xi ning an investigation of the current situation of the environmental dispute judicial settlement mechanism operation,combining with related data and research results,under the big trend,the current situation of our country's judicial environment dispute settlement mechanism is analyzed.The fourth chapter "Analysis on the dilemma of judicial settlement of environmental disputes in China",first of all,from the aspects of legislation,analyzing the environmental dispute judicial settlement mechanism effective operation,mainly including the main body of environmental litigation restrictions too much,environmental law can the judicial and legislative lacuna in the system of environmental tort compensation for mental damage.Secondly,combining with practice,the paper analyzes the predicament of judicial settlement mechanism of environmental disputes in court.The fifth chapter "The perfect path of judicial settlement mechanism of environmental dispute in China”,by referring to the judicial settlement system of foreign related environmental disputes,the author puts forward the path of perfecting the judicial settlement mechanism of environmental disputes in China,we will improve the relevant legislation and the judicial settlement mechanism of the environmental disputes between the courts and procuratorates to realize the effective judicial settlement of environmental disputes.