The Administrative Settlement System Of Environmental Disputes In Japan And The Enlightenment

At present,China's environmental dispute resolution mechanism is basically similar as that of other nations,including litigation,mediation,administrative treatment,negotiation and settlement and other ways.Along with the increasing seriousness of environmental dispute,in which the way of administrative punishment due to its unique advantages in the environmental dispute processing plays an extremely important role,for the countries all over the world,but compared with Japan as a representative of environmental protection of advanced countries,the environmental dispute administrative processing system in China is relatively backward,mainly manifested in the environmental dispute administrative processing do not have a unified concept,lack of special administrative handling and administrative procedures,administrative processing results force is insufficient,lack of coordination and cooperation between law enforcement and so on,these questions for resolve the increasing environmental disputes is a lot of disadvantages.In order to solve the environmental disputes in a more scientific,effective and reasonable way,China should continue to learn from the beneficial experience of foreign countries in the administrative treatment of environmental disputes while reforming the judicial system,and improve the administrative treatment mechanism of environmental disputes in China through legal theory research,law formulation and revision.Japan since before world war ii,after many years of accumulation of experience,the environmental dispute administrative processing system for the system,the provisions of the complete form to the committee and the panel as the core organ,a public nuisance dispute in the process of dealing with environmental disputes with the judicial function,the reason in function,method of policy formation,function and advantages of the follow-up tracking.In addition,the scope,organization,approach and procedure of administrative handling are clearly defined.Therefore,Japan's excellent experience in the administrative treatment of environmental disputes can be used for reference,and combined with the specific reality of China,the following two directions will be taken to further improve the administrative treatment system of environmental disputes in China: first,improve the organizational structure of administrative treatment of environmental disputes in China.Special agencies should be set up to form clear and effective organizational structures through inter-institutional and inter-institutional coordination.Second,perfect the concrete realization way of our country environmental dispute administrative processing system.We should expand the scope of administrative handling of environmental disputes in China,combine good offices and mediation to enrich the specific forms of administrative handling,establish administrative adjudication and arbitration mechanism for environmental disputes,and give full play to the functions of administrative handling system for environmental disputes.