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The Study On The Alternative Dispute Resolution Of The Environmental Civil Issues

Posted on:2012-04-23Degree:MasterType:Thesis
Country:ChinaCandidate:Y Q ZhangFull Text:PDF
GTID:2216330368478977Subject:Environment and Resources Protection Law
Abstract/Summary:PDF Full Text Request
With social and economic development, the environmental issues become increasingly prominent, which also caused the increasing number of civil disputes. To effectively and fairly solve the environmental issues in civil disputes, not only safeguard the legal rights and interests of citizens, but also to the stable development of society. In order to resolve the environmental civil disputes, in addition to reform the litigation system, the countries actively develop a variety of alternative dispute resolution of environmental dispute as well. While consummating the litigation system our country recognizes the role of alternative dispute resolution of environmental civil disputes. However, China's alternative dispute resolution systems are still imperfect. Based on this issue the alternative dispute resolution systems of civil disputes were investigated in this paper.In this paper, based on the nature of the environment and characteristics of civil disputes, according to the theory of Alternative Dispute Resolution(ADR), referring the environmental ADR mechanisms of United States, Japan and South Korea's, the environmental ADR mechanisms of china were analyzed. As for its shortcomings, the following areas were suggested to be optimized in this paper: emphasis on action mechanism, at the same time pay attention to the Alternative Dispute Resolution; improve our administration system for handling environmental disputes; the establishment of environmental civil dispute arbitration system; give legal effect to the agreements of conciliation and mediation, eventually form an effective environmental ADR mechanisms to facilitate the social, economic and environmental developments.
Keywords/Search Tags:Environmental civil dispute, Alternative Dispute Resolution, Mediation, Administrative resolution, Arbitration
PDF Full Text Request
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