我国环境纠纷调解现状及存在问题探析

On the Status Quo and Problems of Environmental Dispute Mediation in China

面对环境纠纷频发的现状,应尽量发挥我国现有各种纠纷解决机制的作用,以避免环境纠纷的冲突升级。调解机制以其高效、私密、低风险等特点自然应在环境纠纷解决过程中发挥重要作用。基于我国环境管理的权责划分及环境纠纷的特性,现有环境纠纷调解仍然主要依附于环境主管部门的行政调解模式。虽然有相关立法及地方法规为依托,我国现行环境纠纷行政调解体系还存在法律规定过于简陋、上下位法规定不一的问题,而且现有立法对于某些关键问题规定不甚明了,如环境纠纷调解员是否享有裁决权、环境纠纷调解是否可以由一方当事人单方申请而发起,以及调解协议的效力问题等,这些问题若不及时补正,将势必影响我国环境纠纷调解实践的良好运行。

During the last many years,there have been large quantities of environmental disputes which must be solved by using kinds of dispute resolution.As an effective dispute resolution,mediation is of high efficiency,secrecy and of low risk.This makes it suitable for resolving environmental disputes.Nowadays,the environmental disputes mediation is mainly carried out by administrative mediation,due to the special condition of environmental disputes.Meanwhile,there are some problems in the current legal system due to the simple and crude legal provisions and the inconsistent of the legal system.Besides,there is still some confusion with the environmental dispute mediation,such as whether the administrative mediator has the power of adjudication,whether the mediation process can be initiated by the single party,and whether the mediation agreement can be enforced by law.All these problems would inevitably influence the daily operation of the environmental dispute mediation.