ABSTRACT

Starting from the promulgation of Environmental Protection Law in 1979, Chinese environmental law has experienced more than 30 years of development and improvement. In China's environmental disputes settlement mechanism, the environmental disputes mediation system wanders between facts and norms, between compromise and enforcement, and between administrative power and judicial power. It is necessary to deeply investigate how to balance the legal legitimacy and indigenous characteristics of China's environmental disputes mediation system and guarantee its validity. At the moment, there are mainly three environmental dispute mediation modes, including judicial, administrative and people's mediation. In terms of the judicial mediation, the court attempts to mediate the civil compensation or incidental civil action for partial judiciary cases involving environmental disputes, but the mediation is mainly carried out before litigation. To transform the executive force of the agreement will help develop and popularize the environmental administrative conciliation system and benefit the credibility promotion of the environmental administrative conciliation system.