On Nov. 15, 2012, SHUFE Law students enjoyed an insight lecture titled “Observation and Reflection of Administrative Mediation of Environmental Dispute Resolution Rule” given by Yang Sujuan, Deputy Director of Institute of Environmental and Resources Law, China University of Political Science and Law as well as the Secretary-General of Environmental Law Branch, Chinese Society for Environmental Sciences.
Hosted by Dean Professor Zheng Shaohua, the lecture mainly analyzed the use and problems of administrative mediation in settling environmental civil disputes, and why administrative mediation failed to solve some disputes as well as how to solve the dispute better.
“I believe it is a very wise decision for the victims to choose administrative mediation to solve the dispute but I am wondering why they have an upward tendency to mass disturbances. Maybe mass disturbances over environmental dispute are able to grant the victims ‘winner’ status with widespread support, which ‘government’ has to face”, said Yang.
“Although this mediation has advantage to resolve the dispute, we have to face the deficiency of it. In practice, administrative mediation isn't working the way it's supposed to”, she added.
Ms.Yang put forward several solutions according to the problems that administrative mediation is facing. For example, it is necessary to set up or coordinate systems related to the mediation. Government department should improve legislation on legal liability for environmental pollution, especially setting up accountability mechanism of legal liability. Additionally, there should be more mediation skills and methods training of personnel concerned to enhance the efficiency and authority of mediation.
Dean Professor Zheng Shaohua gave a summary and spoke highly of Yang’s speech.“Today’s lecture is more than a simple discussion of advantage and defect of administrative mediation, what’s more important, Ms.Yang shows us that how we should analyze and consider these problems when we law students face them.”
(By Kerry)
© 2012 School of Law, Shanghai University of Finance and Economics