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Environmental Civil Dispute Resolution Mechanism

Posted on:2011-08-04Degree:MasterType:Thesis
Country:ChinaCandidate:J Y LiuFull Text:PDF
GTID:2206360302969885Subject:Environment and Resources Protection Law
Abstract/Summary:PDF Full Text Request
In order to alleviate the increasingly serious environmental crisis and for the purpose of addressing environmental civil disputes, the build and the perfection of the diversified resolution mechanism of environmental civil disputes is a trend and seems to be extremely imminent. But how to construct and consummate, is actually a difficult problem before us. This article discussed this issue at the perspective of environmental law.First of all, this article has combed the meaning of environmental disputes and classification, has analyzed the present lawsuit solution mechanism and the non-lawsuit solution mechanism of environmental civil disputes. The environmental pollution and the destruction caused environment benefit conflicts in the different stakeholders and triggered a large number of the environment civil disputes. Therefore, the ability of the settlement mechanism of the present environmental civil disputes faces severe test. In view of its own problems as well as the flaws in the system design, it caused the present dispute settlement mechanism can not achieve the purpose of resolving disputes.Next, this article has summarized and evaluates the research results of settlement mechanism of environmental civil disputes in our country, and provided the reference on perfecting the diversified resolution mechanism of environmental civil disputes. Diversification is a consensus that the present study is in this consensus which focused on the specific content of the diversified resolution mechanism of environmental civil disputes as well as how to built and perfect, the achievements and shortcomings are coexisting.Finally, this article put forward comprehensive suggestions. Trends identified for the construction and perfection of the direction the development of things has its regularity, and to see a trend also followed the law of the development of things. The concept of the modern diversified resolution mechanism of environmental civil disputes is neither an advocate for the diversified of the state itself, nor the state of a simple recognition of this fact, but rather a positive rational structure. The goal is to realize the coordination on the lawsuit and the non-lawsuit mechanism. Clarify the scope of application of solution, so that each perform their own duties, but to maintain coordination between the various ways in order to achieve the dispute settlement mechanism of fixed divergent only the efficacy of competing.
Keywords/Search Tags:environmental civil disputes, the mechanism of lawsuit solution, the mechanism of non-lawsuit solution
PDF Full Text Request
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