Research Handbook on Chinese Environmental Law

Research Handbook on Chinese Environmental Law

Research Handbooks in Environmental Law series

Edited by Qin Tianbao

This Handbook provides a comprehensive review of the salient content and major developments of environmental law in transitional China. The core concepts, basic mechanisms and key challenges of Chinese environmental law are discussed, extending the frontier of understanding in this fundamental area. Previous knowledge of Chinese environmental law is built upon, taking into consideration the concerns of how to face environmental issues in the context of economic growth. Readers will gain an in-depth understanding of the nuances of environmental law in China from this extensive overview.

Chapter 16: Environmental dispute settlement in China

Zhao Xiaobo and Zhang Jianwei

Subjects: asian studies, asian law, environment, asian environment, environmental law, environmental sociology, law - academic, asian law, environmental law


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.

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