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Research On The Dispute Resolution Mechanism Of Environmental Tort

Posted on:2006-12-04Degree:MasterType:Thesis
Country:ChinaCandidate:G GuoFull Text:PDF
GTID:2156360152987540Subject:Procedural Law
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Since the 20th century, with the rapid development of industrialization, urbanization and economy, the environmental problems become increasingly serious in all over the world, and related infringement on environmental rights and interests also increased by environment pollution and destroy of ecology and the dispute resolution of it will become a great social problem in our country in the future. by analyzing the general theory of the dispute resolution mechanism of environmental tort combined with the study on the foreign country's dispute resolution mechanism of environmental tort, this thesis analyzes the corrupt practice of our country's dispute resolution mechanism of environmental tort and also put forward some suggestion to constructing it. Besides the preface and the concluding remarks this thesis includes four parts as below: Part one: The environmental tort and the dispute resolution mechanism of it. At first the concept and characteristics of environmental tort were analyzed and defined in this part. The author point out that the environmental tort refers to the fact of the damage or the likelihood of damage on other people's personal right, property right, environmental right and interest or common property that caused by the industrial activity and other reason. Environmental tort is one of specific torts, there are many characteristics in environmental tort, such as, accumulated, potential, complicated, expanded, etc. Secondly, describe the dispute resolution mechanism of environmental tort. The thesis point out the characteristic of dispute resolution mechanism of environmental tort. At last it indicates that it is the best means to dispute resolution of environmental tort by co-operation and supplement among these dispute resolutions. A multiple dispute settlement mechanism is necessary. This part is the base of the thesis. Part two: This part makes a more comprehensive and material analysis about the dispute resolution mechanism of environmental tort, based on the comparative law analysis in the developed countries or areas. The dispute resolution mechanism of environmental tort mainly includes civil litigation, arbitration, mediation and administrative disposal. All the four kinds are suitable to the resolution of environmental disputes for their characteristics. As a method of social control, mediation is a non-system method. We should not set eyes on the predominance when mediation is taken as a method of civil dispute resolution, but also acknowledge its deficiency. The arbitration is one effective way of settling civil disputes. It is includes the characteristics of independency, quickness, efficiency, specialization and secrecy. What's more its effect and function provided with compelling forces and legal standards which are just inferior to the environmental lawsuit. Environmental right has the character of public interest and social, its realization will be influenced by behavior of government's administration. Confined to environmental expertise, the judges find it necessary to address environmental disputes out of litigation. The administrative ADR (Alternative Dispute Resolution) is characteristic of being better than litigation in terms of disposing environmental disputes. this part introduce there fashions of administrative disposal of environmental tort: administrative mediation, administrative arbitration and administrative rule. As the most authoritative fashion, civil litigation is the eventually remedy. With the increasing in cases of environment, the defects of the traditional accusation system has become visible. It will be helpful for judges to settle dispute and to protect party's rights through researching the character of this kind of cases. This paper discusses about some issues about environmental tort cases, Such as, definition of litigant parties, ground and limits on claim, rules of evidence and the mode of class action. Part three: analyze our country's current dispute resolution mechanism of environmental tort, and point put its corrupt practices.
Keywords/Search Tags:Environmental
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