Research On The Third-party Mediation System For Environmental Disputes

At present,China has initially formed a diversified environmental dispute resolution mechanism,but still faces some problems,including a large number of environmental disputes can not be properly solved,the system supply can not meet the actual needs of the public in solving environmental disputes,which has brought huge pressure to the environmental management department and the judicial department.In recent years,in order to effectively solve the problem of environmental disputes,social organizations have set up professional mediation agencies as the third party in various places to carry out the practice and exploration of environmental disputes,and combined with the characteristics of environmental disputes to give full play to their role in mediating disputes,and have achieved positive results.This paper analyzes the achievements and disadvantages of the third-party mediation of environmental disputes in practice,compares it with the original environmental dispute resolution path,and puts forward the conclusion that the third-party mediation of environmental disputes is an important path to make up for the lack of energy efficiency of the existing environmental dispute resolution mechanism,and it is suggested to build and improve the third-party mediation system of environmental disputes,and to rely on the standardized,institutionalized,law-based third-party mediation to solve environmental disputes.The main body of this paper is divided into four chapters to carry out the following research on the third-party mediation of environmental disputes:The first chapter introduces the definition of related concepts and the carding of problems.Firstly,it defines the concept,characteristics and classification of environmental disputes,and analyzes the common solutions and existing problems of environmental disputes in China.Secondly,it analyzes and defines the concept and characteristics of the third-party mediation of environmental disputes.Finally,it clarifies the theoretical basis of the research on the third-party mediation system of environmental disputes.The second chapter studies the local practice of the third-party mediation of environmental disputes.This chapter combs the legal basis of the third-party mediation of environmental disputes,based on the analysis of the current situation of the third-party mediation practice of environmental disputes in recent years,to explore the results obtained and existing problems of the current third-party mediation of environmental disputes,and through the field investigation of T City,to compare the original environmental dispute resolution path with the third-party mediation of environmental disputes,so as to put forward the view that the third-party mediation of environmental disputes is an important path to meet the needs of public fairness and efficient resolution of environmental disputes.The third chapter introduces the experience of the third-party mediation of environmental disputes in foreign countries and Chinese Taiwan.This chapter interprets the development status,advantages and problems of the third-party mediation of environmental disputes in the United States,Germany,Japan and Chinese Taiwan,which provides a reference for the construction of the third-party mediation system of environmental disputes in China.The fourth chapter puts forward the suggestions of establishing and improving the third-party mediation system of environmental disputes in China,which involves many aspects,including strengthening the legal protection of the third-party mediation of environmental disputes,standardizing the third-party mediation mechanism of environmental disputes,strengthening the construction of mediation team based on professional mediators,and improving the funding guarantee measures of the third-party mediation agencies of environmental disputes.