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面对纷繁复杂的环境纠纷,学者们普遍倾向行政调解,但实践中行政调解存在概念不清、程序不完备、政府信誉危机等无法逾越的障碍。为了应对复杂的环境纠纷,应当因应地选择解决方式,确立“二一分流”的方法并创设“双调解”模式,将不同类型的问题划入不同处理模式,综合运用三大调解方式,从而真正实现“大调解”从司法到全社会的全面贯通,提高环境纠纷处理效率。
Faced with complicated environmental disputes, scholars generally tend to administrative mediation, but administrative mediation in practice has insurmountable obstacles such as unclear concepts, incomplete procedures and crisis of government credibility. In order to cope with complex environmental disputes, we should establish a solution to “two separate flows” and establish a “double mediation” mode according to the choice of solutions. Different types of problems should be classified into different modes of treatment, and comprehensive use of the three major mediations So as to realize the full realization of “grand mediation” from the judiciary to the whole society and improve the efficiency of handling environmental disputes.