Research On Alternative Dispute Resolution Mechanism For Environmental Dispute

In the 21 st century,China's growing environmental problems,environmental disputes are increasing,how to deal with environmental disputes in the building of a harmonious society in China is important.A growing number of environmental disputes taken to court,litigation has its unique advantages,but it itself has some limitations,environmental disputes has its specificity,and therefore solve the model through the use of non-litigation to resolve environmental disputes have very a large space.This is insufficient to make up the judicial system,alleviating the social conflict has a very important value,has become the national trend to resolve environmental disputes.This paper aims to environmental non-litigation dispute resolution mechanism discussion of the general theory,combined with foreign countries on environmental dispute resolution methods of non-litigation experience,pointing out that China's existing environmental non-litigation dispute resolution mechanism of the defects and a complete non-litigation to resolve environmental disputes in China Some of the mechanism proposed for the reconstruction of China's environmental non-litigation dispute resolution mechanism to provide a valuable reference.The following article is divided into four parts:The first part,"environmental litigation dispute resolution mechanism outlined in" non-litigation dispute resolution mechanism through the concept definition,non-litigation settlement mechanism of the basic characteristics of the type of environment,non-litigation dispute resolution mechanism of the legitimacy and its effectiveness study for environmental disputes The introduction of non-litigation settlement mechanism from a foreshadowing of the role.The second section,"foreign environment non-litigation dispute resolution mechanism of the enactment of legislation and its Implications",selected the United States,Japan,Germany,the environmental non-litigation dispute resolution mechanism of the situation that,to improve China's environmental non-litigation dispute resolution mechanism to provide a reference.The third part,"China's environmental non-litigation dispute resolution mechanismof the status and issues",the environment of our existing non-litigation dispute resolution mechanism to analyze the status quo,and that their respective drawbacks.The fourth section,"non-litigation dispute resolution mechanism environment to build and perfect",in reference to the successful experience of foreign countries on the basis of elaborated improve our environment,non-litigation dispute resolution mechanism of the general idea,in improving the environment,civil dispute resolution mechanisms and administrative solutions mechanism put forward the corresponding idea of ? ? the contract to build the environment,the environment of these two new arbitration system,enriched environment for our existing dispute settlement mechanism.