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Research On China's Legal System Of Environmental Disputes Resolution

Posted on:2010-10-25Degree:MasterType:Thesis
Country:ChinaCandidate:S X ChuFull Text:PDF
GTID:2121360275468017Subject:Environment and Resources Protection Law
Abstract/Summary:PDF Full Text Request
With the increasing of environmental problems and improving environmental consciousness of the citizens,environmental disputes are growing fast.A great deal of social concerns are arising because of the disputes can not be got,according to a report in 2006 of former State General Bureau of Environmental Protection,over the past 10 years,the national colony incident caused by environmental problem rises by 11.6 times, increase progressively by 28.8%every year.Though our country's legal system of environmental disputes resolution including administration of justice relieve, administrative resolution and self-reliance relief etc,but it still seems unable to solve the environmental disputes.According to the rules " law that has been established get complying with general,and law which has been obeyed by everybody should itself be good law ",on one hand,current legal system in our country itself may exists some problems,on the other hand,the system may not get people's general complying with. This text exactly proceeds with these two respects,attempts to do a analysis to the legal system and its implemented course,it expects to resolve the questions above and further research into the countermeasures.This text investigates from two respects of the static system and dynamic implementation course,at the static behavior investigate respect,according to three different standards of administration of justice relieve,administrative resolution and self-reliance relief to classify,to have a basic understanding to the overall picture of this system;At the dynamic investigate respect,on the basis of classifying to the environmental case of 16 models,summarize and analyze the course and model problems existing in legal system and and its implemented course;And then,analyze the cause which produces the aforesaid question;Finally,proceed with two respects of legal system and related mechanism,offer the suggestions of improving separately.This text use methods of case analysis and real example,not merely pay close attention to the static legal system,but focus on analyzing the problem that this system presents in the course of implementing and corresponding settlement way,reflect the questions that the system is implemented through the vivid cases,because comparing with the system,the more important thing is whether the system is complied with.
Keywords/Search Tags:Environmental Disputes, Legal System, Self-reliance Relief, Administrative Resolution
PDF Full Text Request
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