On improving the environmental dispute settlement mechanism of diverse thinking

Keywords: Environmental dispute settlement mechanism of judicial reform Diversified Dispute

Summary: Multiple environmental disputes, the case complexity for building a harmonious society in China need to improve the multiple environmental dispute resolution mechanisms. Currently, both the environmental dispute settlement mechanism or non-action Lawsuit settlement mechanisms are there obvious fLaws, should be targeted for They were perfect.



Past three decades, the increasingly serious environmental situation of environmental disputes in our country's situation was increasing year by year, in 2005 there were 51,000 from the national environmental disputes, complaints from more than 40 million petition, the annual increase rate of 30%, an impact on society One of the main factors stabilizing [1]. Therefore, to establish and improve diversification of environmental dispute resolution mechanism, for the protection of the environment, safeguard environmental rights and interests, and promote a harmonious society has important practical significance.

First, environmental disputes and the Perfection of Diversity of the need for environmental dispute settlement mechanism
(A) the causes of environmental disputes, types and characteristics
Environmental disputes is the subject of environmental activities in the environmental resources Development, utilization, protection and management occurred during the act because of environmental rights violations arising from the controversy. This controversy occurred in the equality of both the main body of the citizens, legal persons and other organizations or between each other, but also in citizens, legal persons and other organizations and among national authorities, can also occur between countries. This paper discusses the environmental disputes is limited to domestic environmental disputes. In our country, the causes of environmental disputes, There are the following types:
First, local government and environmental management, lax enforcement caused the absence of environmental disputes. The performance of such environmental disputes for the government emphasis on economic Development and environmental neglect, failure to strictly enforce environmental Laws, regulations, lax environmental management responsibilities. In the environment impact of the construction project approval stage, failure to strictly enforce the first right of approval of Environmental Protection, environmental impact assessment system sidelined or ineffective. and those who obtain building permits, although the project failed to strictly enforce the "three simultaneous" system, put into operation cause environmental problems, thus causing environmental disputes. those who by Law should be within the specified period should be closed or heavily polluting units, the Government has not issued within a time limit or cut off the decision to continue to discharge, trigger the formation of environmental pollution disputes. In addition, the Government should according to the Law and punish those offenders were not punished the environment to make it more reckless environmental abuse, the formation of environmental disputes. In this way, the government's environmental law disguised as an "umbrella", so to strive for greater profits, and without idle stop Win or intentionally fails to properly use the pollution control facilities, 偷排 pollutants, causing environmental pollution, there should not be formed or greater environmental disputes. shows that the causes of environmental disputes in the chaos as both the government and also the Government's inaction, Government failure to abide strictly enforced environmental disputes is an important factor in high incidence.

Second, the lack of legal awareness of environmental activities and environmental ethics caused the environmental disputes. Some environmental activists serious violation of the law, wanton pollution or damage to the environment, causing serious environmental accidents; environmental activists and some lack of environmental ethics, that its sewage has reached the appropriate state or local emission standards, refused to take further practical measures to reduce environmental damage, environmental problems which accumulated to an extent which rendered environmental disputes. due to lack of legal awareness, and environmental ethics, environmental activities in the Development and use of environmental resources in the process failed to take effective measures to prevent environmental problems, and then against the environment is to generate interest in the direct cause of environmental disputes.

Again, the legal impact on the environment caused by the action of environmental disputes. Such county-level city in central heating boilers and dust generated by the environmental noise pollution caused disputes, construction noise nuisance caused by environmental disputes are often close to residential areas dining and entertainment business premises caused by environmental disputes. In addition, the application of pesticides and other agricultural pollution can cause environmental disputes. These environmental disputes is the legal impact on the environment arising out of acts, interfere with normal life and work of others.

In addition, his side caused the victims of environmental disputes. Such as the victim knows not drinking or irrigation water for drinking or irrigation away environmental damage caused by disputes. PArt of the environmental disputes or conflicts because of other disputes arising , the pArties want to deal with environmental disputes, to achieve other purposes.

Finally, a combination of factors caused a variety of environmental disputes. Such disputes can be both a government environmental factors, business factors, there may be victims of their own factors, but also may be accompanied by technical factors, time factors, natural factors so, the reasons are complex.

Causes of environmental disputes is not only complex, a wide range of environmental disputes Another characteristic of the power of the pArties in dispute and more uneven. Environmental disputes against the side mostly with the economic strength of enterprises and institutions, the injured pArty and more for the general population, in the dispute resolution process, the injured pArty to confront the lack of strength. Meanwhile, the parties have asymmetric information, often against the side master production technology, information technology, and has the corresponding ability to monitor violations of their most knowledgeable about, and the injured party lack of appropriate environmental expertise, monitoring tools and related information, but also a lack of investigative capacity, evidence is more difficult, which makes the dispute resolution process is often at a disadvantage.

Environmental disputes in the environmental rights infringement is usually occurred through the medium of the environment, sometimes against a specific individual personal rights, property rights and other environmental benefits, with both private property, the more it is not against the environmental rights and interests of specific groups, such as air pollution and ecological damage, such environmental disputes with public property. environmental disputes in both private and public disputes often cross together, very difficult to solve.

In addition, environmental disputes can also draw from different angles for different categories: perspective from the legal property disputes, environmental disputes, Civil disputes with the environment, environmental administrative disputes, environmental criminal disputes, from the way the environment against the interests of view, the environment disputes, disputes with environmental pollution and environmental damage disputes, dispute resolution requests the contents from view, environmental disputes can be divided into a request to stop pollution damage to the environment disputes, requests for removal of obstacles dispute, request the removal of dangerous disputes, requests for confirmation of environmental pollution damage liability dispute, the request confirm the amount of damages disputes, requests for environmental administrative body administrative duties to perform environmental disputes, and so forth.

(B) of the Perfection of Diversity of the need for environmental dispute settlement mechanism
Dispute settlement mechanism is the way to resolve the dispute, the means and the sum of the specific design of the system or systems [2]. Environmental dispute settlement mechanism as part of dispute settlement mechanisms, dispute resolution refers to the way the environment, means, and the specific institutional arrangements the sum or the system. According to the relationship between dispute resolution and litigation to divide, environmental dispute resolution generally can be divided into environmental litigation settlement mechanism and non-litigation settlement mechanism. action mechanism in the form of relatively simple means to settle disputes through the administration of Justice. rather than litigation mechanism is in various forms, such as: arbitration, mediation, administrative review, letters, consultations. from the means of dispute resolution used by the legal nature, dispute resolution mechanisms can be divided into judicial settlement, administrative means to resolve and Civil means. judicial means is a Civil and criminal litigation and administrative proceedings and court judge means judges of the non-use of means, such as mediation and other litigation, administrative means is that the Chief mediation, administrative review, administrative rulings and letters and processing, and Civil is the main means of consultation, mediation, arbitration and other means.

The most important modern society most important judicial proceedings dispute resolution mechanisms. Litigation in a state of dispute resolution system is the core position, plays a leading role, with a normative, procedural, mandatory, features and advantages of finality litigation system to resolve disputes arising milestone for the role of public protection is to replace the private relief to the proceedings of Civilization replaced the brutal violence of revenge, and the state produces this change is considered a common law The main signs produced [3]. However, with nearly three decades flock to the Court's increasing environmental disputes, environmental cases overwhelmed by the complexity of making the court, the verdict of the delay, the high cost of the program's complex, trial inJustice and adversarial litigation, so the only litigation and dispute resolution is not the best choice. formal proceedings have been unable to effectively assume the full responsibility to resolve disputes, litigation to resolve environmental disputes, the lack of cases, it determines the other environmental dispute resolution mechanisms need to exist. harmonious society requires a wide range of dispute settlement mechanism, "modern society and the parties in the interests, values, preferences and various aspects of the practical needs of the diversity of nature requires a wide range of dispute resolution way, you need to have more right to choose "[4]. Thus, the various forms of non-litigation settlement mechanism came into being, along with the action mechanism as an important way to resolve disputes. Of course, whether mediation, arbitration or administrative means can not replace action to resolve environmental disputes in the function, but these non-litigation dispute resolution mechanism to a certain extent, compensate for lack of litigation. non-action mechanism has a cheap, quick advantage, better suited to specific social relations, specific subject specific disputes. It is common knowledge of the operational procedures to remove the proceedings to the parties to understand the difficulties caused to common sense and non-confrontational dialogue to ease the confrontation between the parties is conducive to harmonious relations between them to maintain long-term; summary findings of fact instead of a strict burden of proof, so the parties can resolve their own disputes without the aid of counsel, to examine the overall complexity of the event behind the long-term social relationships, to make reasonable judgments, so easy to accept and implement the parties [5]. the fact that non-litigation dispute resolution mechanism in resolving environmental disputes, ease the pressure on court proceedings, maintaining social stability played an important role, and increasingly respected by the community.

Diverse environmental dispute resolution is the rationality of the social subject to the dispute resolution needs of environmental diversity, a variety of environmental dispute resolution constitutes a complete diversified environmental dispute settlement mechanism. For each of these approaches are able to play its proper role, the key is reasonable in its institutional arrangements, the need to establish a sound mechanism for the diversification of environmental dispute resolution. As the World Commission on Environment and Development, In "" We Have common future>> as noted: "national and international the law often lags behind the Developments. Today, the rapid acceleration and range of foundation growing impact on the environment, the legal system will be far behind. Human law must be re-enacted, so that human activity and nature of the eternal universal law of harmony. urgent need is ... ... to strengthen the existing environmental dispute avoidance and settlement methods, and develop new approaches. "[6] Therefore, the establishment of a sound environment for diversity is the rule of law and dispute resolution needs of social development is to achieve the needs of diverse values. pluralistic environment, the significance of the dispute resolution mechanism for people to offer a wide selection of possibilities, both the specific value of each option to provide guidance for the selection, and because the settlement process to prevent delay caused by a single and rigid [7].

Second, China's existing environmental dispute settlement mechanism in the defect inspection
Be sure, China has now established a diversified litigation environment as the core of the dispute settlement mechanism. However, the dispute resolution mechanism in the numerous and complex environmental disputes for Dispute exposed many shortcomings in practice, some mechanisms have not yet really established up, some functioning unpleasantness and so on. The following from both litigation and non-litigation environment to examine the existing dispute settlement mechanism of the defects.

(A) the mechanism of environmental litigation defects
In addition to the existing mechanism of action common defects, such as litigation delay, the court is difficult to decide cases independently, beyond the difficulties in the implementation, mechanisms of environmental litigation there own unique difficulties:
1. Filing difficult. China <<Civil Law "> states that" there is a specific claim, the facts and reasons, "the Supreme Court in 1997 issued <" On the work of the people's court filing the Provisional Regulations>> request "a specific claim and facts According to. "relevant judicial interpretations of such laws and regulations inconsistent, resulting in environmental litigation filing difficult. Some judges will" facts "as evidence or evidence in favor of, and environmental disputes, some of the evidence is difficult for victims provided This leads to difficult to file the case. In 2008 the Supreme Court's <<civil cause of action provides>> only "environmental pollution disputes" cause of action, and there is no "environmental damage damages" cause of action, in the event of "environmental damage" to claim damages, the filing will likely be looking for judges not filing the appropriate cause of action and refused to [8]. Meanwhile, some government agencies for environmental administrative dispute cases filed, may be due to the Government's direct or indirect effects have not been placed on file.

2. Limitation is unreasonable. Of 1989 <<Environmental Protection Law "> Article 42: Environmental pollution due to the limitation of actions for damages brought 3-year period, from the party knew or should have known from the calculation of pollution damage. Relative Limitation of Civil Actions in general terms, the implementation of environmental pollution disputes longer statute of limitations, however, that a longer statute of limitations is still not rational. because the consequences of environmental pollution damage can truly reflected, and often takes a long time continued accumulation finally burst out, and some even take decades or longer, while the victim even knowing themselves to be the pollution damage, but can not determine the damage caused by pollution, how about people? For example, in the presence of multiple sources case, the victim is difficult to determine who caused the emission of pollutants which have been compromised. legislators infringement on environmental pollution, "3" without limitation the provisions of doubtful scientific basis. Even more serious is involved environmental damage to public interests, if the victim did not timely exercise the right to appeal, then after during the proceedings, the public interest can not be protected by law. practice shows that the current tort statute of limitations of environmental pollution is difficult to meet the needs of victims from seeking legal remedies.

3. Environmental lack of public interest litigation. Environmental disputes often involve a specific people or specific environmental rights have been infringed. As mentioned earlier, the status of environmental disputes and the ability to both uneven and sometimes difficult for victims to protect their rights, the environment administrative disputes, and even some victims can not sue to give up their claims. However, the environment itself is indivisible and public goods properties, if the victim does not sue their own, while others can not prosecute the case, the infringer continue to abuse the environment, is bound to public interests and social interests of a greater harm. In China, the existing civil law and administrative procedure law and its judicial interpretation, are required to prosecute the case who has a direct interest or legal interest, limits of other non-direct stakeholders of public interest considerations for prosecution rights.

4. Ordinary courts inadequate capacity in environmental cases. Environmental litigation has relatively strong technical expertise, wide coverage, high-impact and other features, sometimes the trial of environmental cases involving issues of public policy choices. The current environmental cases by the ordinary courts proceed with the hearing, the judges lack the necessary environmental expertise, and environmental administrative cases, civil and criminal cases were tried by different courts, professional issues in relation to the environment and public policy choice, the contractors are often difficult to judge the case of ordinary to make appropriate judgments.

(B) the mechanism of environmental disputes without litigation defects
China's current environmental non-litigious dispute resolution mechanism in which there are methods and procedures: consultation, mediation, arbitration, administrative reconsideration, the petition, the methods and procedures with the procedural simplicity and flexibility, low cost dispute resolution, there The parties to the agreement also has other advantages. However, environmental non-litigation dispute resolution mechanism in China also has a lot of defects, were to inspect the following:
1. Consultations. China <<Water Law, Grassland Law >>,<< >>,<< Land Management Law "> and other environmental disputes are settled through consultation on the provisions, but our resolve environmental disputes through consultation or a very low proportion of , the negotiation of the agreement dispute resolution methods and the advantages of autonomy in China has not yet been realized. consultative type of life for the neighborhood, the larger the role of environmental disputes, for the industrial and mining pollution disputes generally difficult to apply. Research in fact, unequal status of polluters and victims, the victims in the consultations and other public interest groups lack the support of external forces is difficult to equal negotiation to settle disputes. So far, China is still a lack of consultation to resolve environmental disputes on the system specifications.

2. Mediation. In our country for mediation to resolve environmental disputes, there are three cases: court mediation, administrative mediation and civil mediation. (1) the court mediation. Our current trial with the trial transfer mode, handling the case the judge has presided over the mediation process dual role, both as facilitators, but also a judge. court mediation program in the lack of strict limits, the judge will put pressure the parties reached a mediation agreement, many out against one of the voluntary. Some judges may also take the initiative to use his own The judge has the identity of the parties to impose some kind of undue influence positively, a "pressure to sub-tune" phenomenon. (2) The Chief mediation. Under the existing law and the interpretation of the NPC Law Committee, the parties take the initiative to apply for Environmental Protection administration organs mediate environmental disputes, Environmental Protection authority in a mediation program to facilitate the parties reach an agreement. the force of law, the mediation agreement legally enforceable, and only rely on the parties to conscientiously carry out, if there is one regret, an agreement will automatically lapse. administrative mediation of environmental disputes the public does not have anyone, administrative action and execution, resulting in the practice of environmental dispute mediation difficult for the administration chosen by the parties. (3) mediation, also known as people's mediation. China is currently no formal legislation on the people's mediation, the lack of legal support and protection, people's mediation role in the organization has not yet been fully played, people's mediation work is not standardized, the level of organization and management be improved, the overall quality of the mediator to be increased in the face of more complex environmental disputes is often difficult when the people's mediation role.

3. Arbitration. Arbitration by law with authority and finality, the procedure also has the convenient, flexible, and economic characteristics, is conducive to timely and equitable resolution of disputes. Of 1994 <<Arbitration Law "> provides" equality of the main citizens, legal persons and other organizations, the contract between the property rights disputes and other disputes, can arbitrate. "Under the provisions of environmental disputes should be within its scope of accepting cases because there are many environmental disputes involving property rights and interests, However, in practice, not the environment around the dispute arbitration committee for arbitration be included in the scope of accepting cases, the environment and few parties in dispute for arbitration. In addition to the applicable arbitration disputes, marine pollution, the environmental law in China, arbitration is not to resolve environmental disputes statutory procedures.

4. Administrative review. According to the 1999 "Administrative Review>>, administrative people think that the environment is relatively specific administrative act of the executive authorities of their legal rights infringed may apply for administrative reconsideration. However, our current system of administrative review there are many shortcomings: for example, without administrative review cases for prosecution than the major, most of the environmental administrative proceedings before filing a lawsuit has not been the administrative review, administrative review function of administrative dispute mediation environment, far from being fully play out, the case of administrative review by the rate of withdrawal rate, change low maintenance rate, and environmental law enforcement in the existing law, as compared inappropriate behavior, by review procedures to correct only part of the administrative review did not fully exploit the error correction function, the reconsideration organ is difficult to separate investigators, and some case acceptance After hearing the applicant affected by relations between the results of the administrative review of the public trust is low and in some places, review bodies are fake, review functions can not be achieved.

5. Petition. Overall, inadequate laws and regulations of letters, petitions relief and other relief is not yet effective interface, which is the current situation and need for large letters and letters and pattern of inadequate adaptation. In the environmental petition, due to the lack of effective protection of the petitioner's right to know, to participate, to express the right to supervise the procedural requirements, yet our bodies can not regulate environmental petition to the construction and operation of channel letters and petition system, environmental petitions for the fairness, effectiveness, and uncertainty remains questionable [9].

Links to Research Papers Download http://www.hi138.com Third, improve the environment of multiple countermeasures dispute settlement mechanism
(A) improve the response mechanism of environmental litigation
Common defects in the existing mechanism of action, I believe that both institutional factors, there are legal factors, it is in the process of development of the rule of law will be gradually resolved issues. I here the environmental stakes, the unique mechanism of defect litigation to talk about their humble opinion.

1. For the environment, the difficult problem filing litigation, I believe that the solution path is devoted to environmental litigation Supreme People's Court issued a judicial interpretation, calling on the court as long as the victim "has specific factual claims and damages" (as of 2002 Supreme People's Court issued on <"On the Civil Evidence requirements>> Article 4 paragraph 3:" caused by environmental pollution due to an action for damages by the offender to law defenses, and their behavior and the damage there is no causal relationship between the results of the burden of proof. "burden of proof that the revised .2004 <<Solid Waste Pollution Prevention Law"> section 86 from the environment to make the same substantive law provisions. to be placed on file the and in the "<civil cause of action provided>> in the" environmental pollution disputes "cause of action to" interests of damage to the environment dispute ", both to contain the pollution to claim damages or destruction of disputes, and can include other non-damage claims , such as requests for "restitution", "removal of obstacles" and other relief in the form of environmental disputes. At the same time, but also other environmental benefits related to future damage to the possibility of filing a dispute.

2. Statute of limitations for the environment, the problem of irrational, I believe that the way to solve the "Environmental Protection Law"> revision and with the combination of the existing judicial interpretation of a reasonable limitation of action provisions. The first is the environment for the general interests of Litigation to retain the existing provisions of 3-year statute of limitations, the scope and damage to their starting time to make changes. would apply only to "compensation for pollution damage" cases to expand the "environmental damage" cases, and from the party knows or should know their environmental rights are being infringed, and when the damage were calculated. that is, "sue for environmental damage to the limitation of rights for the 3-year period, from the party knows or should know their environmental rights are being infringed, and identify the party responsible for calculating." followed by a combination of civil law Code statute of limitations on court discretion to extend the provisions for the emergence of special circumstances to be extended by the Supreme People's Court's judicial interpretation of environmental litigation. <<Civil Code "> Section 137 provides that" special circumstances, the court may extend the limitation of action. "Supreme Court on <<Civil Code"> the judicial interpretation of Article 169 provides that "the rights of people due to objective obstacles to the statutory limitation period can not exercise his right of claim, belongs to Civil Code Article 137 of the" special the situation. "interests of the victim know that they damage the environment, but do not know who the harm is that when they are" an obstacle to the objective during the period in the statute of limitations can not exercise the right to request a "situation. Finally, damage to public interests relating to the environment statute of limitations can not. environment also belong to the national interests of the public interest, human interest and even social benefits, environmental litigation is to protect national interests and also the public interest channels. Therefore, for the special interests of a very serious environmental damage to the environment of public Litigation can also apply to the Supreme Court on the <<Civil Code "> the judicial interpretation of Article 170" Unauthorized to citizens, legal operation and management of state property are infringed upon, without limitation restrictions on the period. "
3. Environmental Public Interest Litigation in the key issue is to expand the scope of plaintiff to amend the existing <<Environmental Protection Act, "increasing public interest environmental groups have the right to public interest related to the environment environment environmental public interest litigation filed against the provisions of , where the public right of appeal limited to the Environmental Public Interest Litigation Public Interest Litigation and the environment, the environment is still a criminal prosecution the right to exercise Procuratorate. This requires that our government encourage and support the development of nonprofit environmental groups, of course, can also be revised The "Environmental Protection Law"> directly that "the public interest to protect the environment, national environmental groups to encourage the development of public welfare and support Environmental Protection activities in accordance with law-related." Of course, the environment for environmental groups filed a public interest litigation should be set v. prior to the procedure for supervising the environmental groups filed public interest litigation, should the proposed service of the defendant and the jurisdiction of the court to urge the notice and copy of the notice within a reasonable time offenders to correct violations and take remedial measures proposed, or will initiate the expiration of its public interest litigation, the situation is urgent, you can also urge the procedure without direct charges. Set the front of the supervision process is mainly a self-correcting to the offender the opportunity to correct the violations after the offenders, can not initiate public interest litigation. This is mainly to conserve judicial resources, but also to take care of the reputation of the relevant law, because a wide range of public interest litigation. Of course, environmental public interest litigation system and a sound need to support other requirements described here is not the Cadogan.

4. For the ordinary courts the problem of insufficient capacity in environmental cases, I believe that the solution is as follows: First of all cases of diversion on the environment, for the ordinary, the fact that the circumstances clearly, without complicated technical issues of environmental cases still grass-roots people's courts as Court of First Instance. for those complicated cases, has some technical issues, or a large number of affected broader, or environmental public interest litigation cases, it should be regarded as "the area of ​​major and complicated case" by above the intermediate level court of first instance under its jurisdiction, the court determined. Second, the establishment of the Intermediate People's Court above the Environment Court, and the training of judges specialized knowledge of environmental laws and Environmental Protection, training of specialized judges environment. Meanwhile, according to the national and provincial administrative regions against an independent technical evaluation of environmental agencies, the Environment Court is responsible for providing authoritative technical appraisal. so that courts can enhance the capacity of handling environmental cases.

(B) improve the environment, measures of non-action mechanism
1. Consultations. Lack of consultation for the norms of environmental disputes, I believe that law can be formulated by the State Department of Environmental Protection in consultation to resolve environmental disputes about regulations, clear the basic principles of consultation and basic procedures, and regulations to guide the parties to choose from the environmental protection department in consultation mechanism to resolve disputes. The parties When two forces are too poor to support the environmental charity party in aid of disadvantaged groups on an equal footing.

2. Mediation. (1) combined with the current implementation of the judicial system of judicial reform, the complaint before the mediation, conciliation and litigation entrusted to perfect mediation, establish and improve the formal system of judicial mediation. I for <<Supreme Court to establish improve the action of convergence and non-litigation dispute resolution mechanism of a number of contradictory opinions> "(France [2009] 45) (hereinafter referred to as the" <<number of observations> "") the provisions on judicial mediation affirmed that it is better solution to our current system of judicial mediation in some of the problems. However, "<number of opinions" still do not see the mechanism of supervision. Because in some close to the litigation process to go through the conciliation procedure, if the mediator pressure or intentionally caused by the other party against one-sided mediation agreement is reached voluntarily The effect, after the proceedings were withdrawn by the damage caused to the parties, the mediator should not do this to take some responsibility?! I believe <<Some requirement>> should increase imposed in violation of the provisions of the appropriate disciplinary measures. (2) for administrative mediation in environmental disputes mediation efforts appeared the phenomenon of frustration, I think we can refer to <"Road Traffic Safety Law"> Police authorities on traffic management departments to deal with the relevant provisions of accidents <<Environmental Protection Law "> be amended accordingly. in the event of environmental disputes, should the request of one or both parties, environmental authority shall promptly investigate and obtain evidence, identify basic facts and the responsibility of the parties, Confirmation, and served on the party making responsibility. disputed compensation for environmental damage , one or both parties may request the mediation of environmental protection agencies, can also bring a civil action directly to the people's court. by the environmental protection agency mediation, the parties fail to reach an agreement or fails to perform after the commencement of mediation, the parties may bring a civil action to the people's court. In comparison, under the mediation of environmental disputes administrative law enforcement still has power, but the responsibility of environmental authorities Confirmation was issued by the force of law, to the settlement agreement is reached an increase of greater possibilities. (3) For the people's mediation, should be intensified to develop <<People's Mediation Law "> to the official legislative solution to the current civil mediation exist many problems, promote the enjoyment of" Oriental Flower "reputation of the people's mediation mechanism to resolve environmental disputes bear more fruit.

3. Arbitration. As one of effective dispute resolution, China should establish and improve the environment for arbitration mechanism. The first is to strengthen the relevant legislation, I believe that in the revised <<Environmental Protection Law "> when the clear environmental civil disputes to arbitration as the legal way one. At the same time, modify <<Arbitration Law "> 77, increase environmental civil disputes one of the elements as otherwise provided, the State Council first authorized by the NPC Standing Committee to develop regulations to rise again when the conditions for the law. in the environment arbitration legislation, should pay attention to the following issues: (1) by the scope of the case should not be too broad. the stakes are limited but the impact of a wide range of public interests, deep level, the number of victims of environmental pollution or destruction of many disputes included in the scope of the arbitration in the past, the common small-scale and impact is not great out of the arbitration of environmental disputes outside the scope of arbitration in order to reduce the pressure. (2) the start of arbitration, the arbitration agreement should as the basis, I do not support mandatory arbitration [10] point of view, because the multiple environmental dispute settlement mechanism should be able to meet the more options available to the parties and the pursuit of a fair dispute resolution needs. (3) arbitral institutions and personnel in the setup of the establishment of specialized national and provincial environmental Arbitration Commission to designate the jurisdiction of the two, according to independent arbitration of environmental disputes. Arbitration Committee for the Environment, representatives of executive authorities, experts, representatives, representatives of industry associations, environmental groups or the public welfare representatives, and the implementation of environmental disputes arbitrator qualification system, improve the environment, the access threshold for the arbitrator.

4. For administrative reconsideration. Administrative review in response to environmental problems, I believe that the need to revise <<Administrative Review>>. Note that in the revision process to solve the following problems: first, to solve the problem of the independence of the administrative reconsideration organ . British Lord Denning had a famous saying: "not only Justice, but also to the people unequivocally, no doubt to see who is Justice, which is not only important, but it is extremely important." [11] the existing jurisdiction of the administrative reconsideration is based on the existing leadership structure within the framework of the independent review organization has no legal status and personality, detrimental to their fair exercise of administrative jurisdiction. to resolve the issue of administrative reconsideration organ fragmentation is an effective solution people's government at or above the county level to set solely on the functions of administrative reconsideration organ --- the administrative review committee, given its administrative subject qualification, the name of its own independent receive, hear and judge cases of administrative reconsideration. Administrative Review Board in the country scope equipped with four levels: the county, municipal, provincial, national administrative review committee [12]. Second, to establish the administrative review of the external oversight system. The case of the administrative review into the administrative proceedings are to determine the people's court verdict into force After the Court of Justice by the People suggest that the main body of the right kind of supervision do not perform their duties seriously, and only work in the reconsideration organ form and its staff accountable. Finally, is the establishment of a professional, high level honest and diligent work of the administrative review team, can be considered from the national judicial examination by the administrative review officer in the selection of staff.

5. Petition. The existing mechanism of environmental petition shortcomings, most notably the lack of letters and legislation. Therefore, the NPC should be developed as soon as possible <<Petition Law ">, emphasis in the legislation to resolve the following issues: First, petition authorities clear legal status. petition work and other work as required by law the government carried out petition authorities must be clearly defined responsibilities, authority and responsibilities. Second, establish a sound system of letters and work procedures. petition by the statutory procedures and standards of to ensure the correct handling of petitions and suggestions for the fair and equitable, with particular attention to protection of the petitioner to resolve right to know, participate, to express the right to supervise and so on. Again, a clear responsibility to petition work. clearly defined time limits for receiving letters and visits and duty of disclosure [13]. Finally, perfect letters and other effective link between relief channels. For example, the establishment of letters and administrative reconsideration, administrative litigation and other legal mechanisms for the effective convergence at the same time, the establishment of letters and the end of the system. On this basis, the state environmental protection department shall formulate specific methods of environmental petition.




Notes:
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[6] World Commission on Environment and Development. Wang Jia, Ke Jinliang translation. Our Common Future, [M]. Changchun: Jilin People's Publishing House, 1997. 430-431.

[7] Wu Yong. On the arbitration of environmental disputes Administrative Reconsideration [J]. Lanzhou Journal, 2005, (4).

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[9]徐军,常永明.论纠纷解决机制视野下的环境信访制度[J].河海大学学报(哲学社会科学版), 2008, (3).

[10]刘长兴.论环境仲裁的模式[J].郑州大学学报(哲学社会科学版), 2009, (1).

[11] [英]丹宁勋爵.杨百揆,刘庸安,丁健译.法律的训诫[M].北京:群众出版社, 1985. 76.

[12]石佑启,王成明.论我国行政复议管辖体制的缺陷及其重构[J].环球法律评论, 2004, (春季).

[13]傅思明.中国信访立法探究[J].中共中央党校学报, 2009, (1). 转贴于 免费论文下载中心 http://www.hi138.com