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Xiaobo, Zhao; Jianwei, Zhang --- "Environmental dispute settlement in China" [2015] ELECD 604; in Tianbao, Qin (ed), "Research Handbook on Chinese Environmental Law" (Edward Elgar Publishing, 2015) 342

Book Title: Research Handbook on Chinese Environmental Law

Editor(s): Tianbao, Qin

Publisher: Edward Elgar Publishing

ISBN (hard cover): 9780857931412

Section: Chapter 16

Section Title: Environmental dispute settlement in China

Author(s): Xiaobo, Zhao; Jianwei, Zhang

Number of pages: 26

Abstract/Description:

In China, environmental disputes may arise between different parties with quite different contexts: (1) disputes between polluters and the victims of environmental pollution; (2) disputes among the regulated community; and (3) disputes in the environmental protection authorities, and between members of the public and the government. Accordingly, these types of disputes can be solved or settled by different means jointly or respectively, which primarily include environmental litigation and Alternative Disputes Resolutions (ADRs). This chapter introduces legal frameworks of environmental dispute resolution in China and primarily examines the methods for resolving disputes between polluters and victims of pollution. It then introduces the environmental court system in China; it also explores the role of environmental litigation, the main features of civil acts, administrative acts and criminal litigation. In addition, people’s mediation, administrative mediation and judicial mediation, is discussed in the context of environmental disputes settlement. It concludes with suggestions for a more effective and equitable dispute settlement mechanism in China.