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The Study On Environmental Dispute Administrative Arbitration Legal System In Our Country

Posted on:2012-04-21Degree:MasterType:Thesis
Country:ChinaCandidate:L N DengFull Text:PDF
GTID:2166330332990560Subject:Environment and Resources Protection Law
Abstract/Summary:PDF Full Text Request
At present,in the face of rapidly rising environmental disputes,various countries are improving their dispute resolution mechanisms in order to seek an effective,convenient and fair way to deal with the problems. In contrast,our country is still content with the relatively backward situations of the environmental administrative processing system , when our environment dispute resolution mechanisms have shown many defects and deficiencies. We keep on refusing the environmental dispute administrative arbitration legal system though it has lots of merits. Due to the unique advantages of environmental dispute arbitration legal system in environmental civil dispute solution process,such as the professionalism,the authority,the preventability,the globality,and the efficient,it can adapt to the needs of the diversified environment dispute resolution mechanism,meanwhile,it has also been demonstrated in some other countries. Environmental dispute administra--tive arbitration legal system should be formally established as one way of environmental dispute administrative processing in China. This paper will discuss about the Environmental dispute administrative arbitration legal system from the following six parts:The first part is the introduction,which expounds the significance of the topic,the background and the present research conditions both at home and abroad,including a brief introduction on the main innovative points as well as the research methods.The second part is the simple introduction of China's environmental dispute resolution mechanism. In this part , it also discusses about the definitions and characteristics of environmental dispute administrative arbitration through comparing the differences between related concepts,like environmental dispute administrative rulings.The third part is the narrative about the development status of environmental disputes in our country,the limitations of the current environmental dispute settlement mechanism,and the comparative advantages of the environmental dispute administrative arbitration. And then we can concluded that it is necessary to be set up.The fourth part is the demonstration of the environmental dispute administrative arbitration legal system. Because of the firm theoretical foundation,legal basis ,cultural foundation,as well as the practical foundation in our country,we can say that the environmental dispute arbitration legal system is available.The fifth part is some legal considerations of the environmental dispute arbitration legal system. Why will the environmental dispute administrative arbitration system be confronted with difficulty in China?With a profound analysis of the reasons,this part give some advices to us,as well as some legal thoughts on other related fields of environmental dispute administrative arbitration system.The sixth part is the conclusion. At the end of the article,it makes not only a conclusion of the article,but also an introduction to the meaning of the environmental dispute administrative arbitration legal system in China.
Keywords/Search Tags:Environmental disputes, Environmental dispute administrative arbitration, Administrative power
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