On The Administrative Mediation Of Environmental Disputes

The development of society requires a wide range of dispute resolution methods.The traditional litigation-centered dispute resolution methods are obviously difficult to adapt to the ever-changing types of disputes.Searching for dispute resolution mechanisms outside of litigation and forming benign interactions with litigation are the inherent requirements of social development.As the types of disputes that are urgently to be resolved,environment disputes have the characteristics that other disputes do not have.It is incapable of resolving environmental disputes along the lines of resolving other disputes.The administrative mediation system has emerged from many dispute resolution mechanisms.The first part of this article takes the dispute settlement in our country,especially the mediation system as a forerunner,briefly introduces the definition of the basic concept and the way of dispute resolution,emphasizes the profound historical and cultural accumulation of the mediation system in our country,and shows that the coupling between the mediation system and our national conditions Trend is ripe.The second part focuses on the characteristics of environmental disputes.It is precisely because environmental disputes differ from ordinary civil disputes that we need to pay more attention to the particularity of environmental disputes in the design of the system and set up a handling mechanism to deal with environmental disputes.Then,it leads to an overview of administrative mediation in numerous solutions.The third part is about the status quo and shortcomings of the application of administrative mediation into environmental disputes in our country.Although administrative mediation will also be used in dealing with environmental disputes,in general,the laws and regulations of administrative mediation are extremely imperfect and the procedures are rarely regulated.Compared with other dispute resolution procedures,administrative mediation is placed at "Nameless" status.The fourth part creatively incorporates the mediation system into the administrative mediation,elaborates on the administrative mediation system in terms of legislation,operation and connection with other mechanisms in the settlement of environmental disputes,and expects administrative mediation to regain its vitality.Borrowing from the World Commission on Environment and Development in "Our Common Future" : Today,the pace of rapid acceleration and the growing impact on the environmental base of development leave the legal system far behind and reinforce existing avoidance And how to solve environmental disputes and to develop new methods are the challenges we face today.The administrative mediation of environmental disputes will certainly accept the challenge and prove its vitality in practice.