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The Study On Administrative Law Adjustment Mechanism Of Environmental Dispute In Our Country

Posted on:2009-09-21Degree:MasterType:Thesis
Country:ChinaCandidate:L J YangFull Text:PDF
GTID:2121360272974516Subject:Environment and Resources Protection Law
Abstract/Summary:PDF Full Text Request
Along the development of economy and society, the environmental pollution and the ecological damage aggravate unceasingly, the environmental dispute increase day by day. If we cannot solute the environmental dispute promptly and effectively, it will create adverse Influence to protect the litigant's environmental rights and interests, and it will also affect the stabilization of society and the development of economy. So it is very essential to establish an effective mechanism to solve the environmental dispute. The law is the principal means to adjust each kind of the social relations, the social benefit and the social contradictory. We can deal with the interest relations between different litigants and solute the interests and conflicts of the environmental dispute in a effective way through the legal method and the legal means. The legal adjustment mechanism is the uniform system of these legal means and Legal methods which to affect the Social relations. The environmental dispute legal adjustment mechanism includes civil law adjustment mechanism, administrative law adjustment mechanism and criminal law adjustment mechanism in our country. In these kinds of adjustment mechanism, the administrative law becomes the principal means to solute environmental dispute because of its superiority. The research of the administrative law adjustment mechanism has important theory significance and practical significance to solute environmental dispute in our country. But the administrative law adjustment mechanism cannot display its proper potency in the environmental dispute's solution because there are some defects in the administrative law adjustment mechanism of our country. Therefore, it makes sense to establish the administrative law adjustment mechanism of environmental dispute in making definite the characteristics of the environmental dispute and the lack of environmental dispute settlement mechanism in our country. And it is good for we solve the increasing environmental dispute in our country.The article has four parts, the first part defines the concept, classification and characteristic of the environmental dispute, Limits the article's object of study is environmental civil dispute. And points out the differences between the environmental dispute and the other dispute. Then it carries on the theoretical analysis of legal adjustment mechanism. introduce the necessity, essence and multiplication adjustment mechanism of the legal adjustment mechanism of environmental dispute; The second part is to introduce the concept, mode and the superiority of environmental dispute's administrative law adjustment mechanism, then it to stand out the core role of the administrative law adjustment mechanism in the environmental dispute's legal adjustment mechanism through point out its superiority. The third part is the introduction to the administrative law adjustment mechanism of environmental dispute in American, Japen and Korean, and compares with our country's actual situation; The fourth part is analysis the insufficient of the environmental dispute administrative law adjustment mechanism in our country. through absorb profits from the overseas advanced experience, State the reasonably Suggestion to Consummate the environmental dispute administrative law adjustment mechanism in our country.
Keywords/Search Tags:Environmental Dispute, Legal Adjustment Mechanism, Administrative Mediation, Administrative Ruling, Administrative Arbitration
PDF Full Text Request
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