The Non-litigation Approach to Environmental Disputes in China: The Environmental Complaint Letters and Visits System – An Analysis

Abstract

Environmental dispute resolution generally includes settlements through litigation and non-litigation approaches. In light of the deficiencies in China’s environmental legislation, the limited capabilities of courts in dealing with environmental disputes and the lack of public trust in courts, litigation has never been the main approach to resolving environmental disputes.

This article first looks back the history of the development of China’s environmental complaint letters and visits system. Then, this article analyzes the necessity of environmental complaint letters and visits in environmental dispute resolution. This is not only because the environmental complaint letters and visits fit in with China’s traditional culture and the current situation, either. More importantly, it is the most effective and low-cost way to resolve environmental disputes. But with the reform of the judicial system in China, especially since the environmental protection departments are not willing to involve themselves in environmental dispute resolution, the most recent environmental legislation tends to abolish the responsibilities of the environmental protection departments with regard to the resolution of environmental disputes. This article examines the defects of the current environmental complaint letters and visits system and suggests two major steps to improve it. The first is to set up a specialized agency for environmental dispute settlement. The second is to provide that environmental dispute settlement agency with the authority and the means to settle disputes.