Research on Environmental Dispute Resolution Mechanisms: Series on Litigation Law by the Law School of Xiamen University

Author: Qi Shujie
Publisher:
Publish Date: 2005-08-01
Features: The mechanism for resolving environmental disputes is a part of the overall social dispute resolution mechanism. With the high degree of industrialization in society, environmental pollution and destruction have severely threatened human survival and development. Since the implementation of the reform and opening-up policy, China's economy and society have developed rapidly, and people's living standards have continuously improved. The state has taken environmental protection as a basic national policy and formulated a series of environmental protection laws and regulations. However, the situation of environmental pollution and prevention remains severe, with environmental complaints and disputes increasing year by year. The goal of environmental protection remains a heavy and far-reaching task. It is reported that the state will legislate to grant citizens the right to the environment, further improve the legal systems and procedures for public participation in various environmental decisions, and refine the relevant civil and administrative litigation systems and procedures to ensure that citizens can effectively exercise their rights to environmental health, information, and participation. It will also encourage and guide non-governmental organizations and social groups to conduct social supervision of environmental protection.
This book is the academic outcome of the Xiamen University Humanities and Social Sciences Horizontal Project "Research on the Mechanism for Resolving Environmental Disputes" (Project No.: K82045), jointly completed by the Xiamen Arbitration Commission and the Law School of Xiamen University. During the writing process, the author collected, read, and translated a large amount of Chinese and English materials, and held multiple specialized seminars to analyze difficult issues in the practice of resolving environmental disputes and explore relevant legislative, judicial, and administrative countermeasures. The book elaborates on the basic principles of environmental rights, civil torts, and dispute resolution mechanisms, environmental dispute resolution practice, discusses related civil litigation, arbitration, and ADR systems, introducing foreign legislative and judicial experiences. On this basis, drawing on foreign experience and grounded in China's national conditions, the book explores how to construct a fair, efficient, and diversified mechanism for resolving environmental disputes.