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Environmental Studies Civil Dispute Arbitration System

Posted on:2008-11-17Degree:MasterType:Thesis
Country:ChinaCandidate:J F ChenFull Text:PDF
GTID:2166360275957445Subject:Environmental Resource Protection Act
Abstract/Summary:PDF Full Text Request
In recent years,the environment issues have drawn more and more people's attention.And the discussion about Environmental Civil Dispute Resolution has become one of the hot topics.The environmental civil dispute is charactered with complexities in the cause,location and so on,witch make it different from the common civil dispute.Furthermore,it has special requirement in way of desolving itself.Here the article,from its characters,present conditions and causes,has a comparative analysis about the current Environmental Civil Dispute Resolution,and objectively dwells on every fashion's running conditions and disadvantages in the process of setting the disputes.Also it analyzes the advantagesof Arbitration.It makes out that we should try to carry out Arbitral System in the resolution of Environmental Civil Disputes,and build the Arbitral System as soon as possible.Although the arbitral practice in the Environmental Civil Disputes has emerged since 1980s,and there are academic researches which differ from each other,it is blank in the system.when we build the Arbitral System on the Environmental Civil Dispute Resolution in China,we should make it according to the disputes' characters,meet the special requirements in many respects,and in the same time should we obey the basic principles such as 'Party Autonomy','Alone Arbitration','An arbitration is Res Judicata'.In this paper,the author gives some advice in order to improve the process of building Arbitral System on Environmental Civil Dispute,specially from the following five respects:the scope of Arbitral Case,the time's effectivity of Arbitration Agreements,setting of Arbitration Commission,Arbitration Jurisdiction,Appointment of Arbitrators and the composing of Arbitral Court.
Keywords/Search Tags:Environment and civil disputes, Arbitration System, Settlement Mechanism, Arbitration Commission
PDF Full Text Request
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