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Study On Dispute Settlement Mechanism Of Natural Resources

Posted on:2005-05-24Degree:MasterType:Thesis
Country:ChinaCandidate:H DengFull Text:PDF
GTID:2156360125464669Subject:Environment and Resources Protection Law
Abstract/Summary:PDF Full Text Request
At present, with the development of the urbanization, the disputes on the houses and lands have been increasing in the city. And in the countryside, the disputes between the farmers and their village because of the contract with the land have been rising too. Besides these, the disputes about the ore, wetland, forest and fish have almost become the major factor. Therefore, the way to resolve the natural resource dispute has become the important measure to maintain the regional safety. For long time, comparing with the environmental dispute, the natural resources dispute has not attracted the enough attentions of the environmental researchers, and the regulations about the natural resources dispute have not been perfect. So it is the key time to know the natural resources dispute and establish the effective the natural resources dispute settlement mechanism. This paper is composed with the five parts, about 45-thousand words, and is written from the aspects of the natural resources dispute, dispute settlement mechanism, the present context of the dispute settlement mechanism, the method to improve the dispute settlement mechanism.The first part is about the concept, character, classification and cause of the natural resources dispute. The author thinks that the natural resources dispute is the conflict and contradiction produced between the dispute parties because their natural resources rights have been not clear or one natural resources right has been invaded and infected and destroyed by another party. The resources dispute has been the characteristic of the specialty, long-term, complication of settlement method.The second part is about the context of the natural resources dispute settlement mechanism. The author thinks that the natural resources disputes settlement mechanism is the system and method to relieve and eliminate the natural resources dispute, which is consist with the conciliation, mediation, arbitration, official mediation, official settlement, official review, civil procedure, official procedure, etc. The party could choice the best method to resolve the natural resources dispute.The third part is about the specific regulations of natural resources dispute settlement procedures in the Chinese Law. The author thinks that the Chinese Laws on natural resources dispute settlement have some shortages in the legislative system, construct, context, so they are should been improved. The author also thinks that the arbitration is the best method to resolve natural resources dispute but we have not known about it. The forth part is about the suggestions to improve natural resources dispute settlement mechanism. The author thinks that we should set up the specific law to settle the natural resources dispute. We should put the mediation agreement into legal effect that could save much time to resolve the dispute. We could also reduce the region that the official structures resolve the natural resources dispute so as to enhance the efficiency of settlement, etc.The last part is the conclusion of the paper. The author thinks that the destination of improving the natural resources dispute settlement mechanism has two: one is to reduce the time of settling the dispute; the other is to provide all kinds of method of settling the dispute with the dispute parties.
Keywords/Search Tags:natural resources dispute, dispute settlement mechanism, legislation, official settlement, justice
PDF Full Text Request
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