Environmental dispute settlement in China

Zhao, Xiaobo and Zhang, Jianwei (2015) Environmental dispute settlement in China. In: Research handbook on Chinese environmental law. Research Handbooks in Environmental Law. Edward Elgar Publishing Limited, United Kingdom, pp. 342-367. ISBN 9780857931412

Abstract

This chapter introduces legal frameworks of environmental dispute resolutions in China and primarily examines the methods for resolving disputes between polluters and victims of pollution. First, it introduces the environmental court as a foundation of environmental litigation in China; it then discusses the role of environmental litigation with an aim to assessing the effectiveness of this in resolving disputes. The main
features of civil acts, administrative acts and criminal litigation are examined in this section. After that, there is a brief look at the environmental ADRs, the role of mediation, including people’s mediation, administrative mediation and judicial mediation, examined in thecontext of environmental disputes settlement. This is followed by analysis to the ‘letters and visits’, which is one of most frequently used environmental dispute settlement methods. It concludes with suggestions for a more effective and equitable dispute settlement mechanism in China.


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Item Type: Book Chapter (Commonwealth Reporting Category B)
Refereed: Yes
Item Status: Live Archive
Additional Information: Chapter 16. Permanent restricted access to Published Version due to publisher copyright policy.
Faculty / Department / School: Current - Faculty of Business, Education, Law and Arts - School of Law and Justice
Date Deposited: 28 Jun 2016 04:51
Last Modified: 21 Aug 2017 03:37
Fields of Research : 18 Law and Legal Studies > 1801 Law > 180111 Environmental and Natural Resources Law
URI: http://eprints.usq.edu.au/id/eprint/29120

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