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Research On The Non-litigation Mediation System Of Environmental Civil Disputes In China

Posted on:2014-01-16Degree:MasterType:Thesis
Country:ChinaCandidate:H ChenFull Text:PDF
GTID:2246330395494569Subject:Law
Abstract/Summary:PDF Full Text Request
Due to the environmental problems of environmental civil disputes on sex andcomplexity, the more result in environmental civil disputes also has the particularityof different from ordinary civil dispute, in such circumstances, the most importantjudicial proceedings as a civil dispute resolution means, already can’t satisfy the needsof various types of environmental civil disputes. Supplement lawsuit system has a lotof the non-lawsuit dispute resolution mechanism into our research scope. We thisarticle mainly discusses the environmental civil litigation dispute resolution system inthe environment civil dispute mediation system.China’s current environmental disputes are related to the litigation mediationsystem of the early stage, from the legislative support to the improvement of thesystem of people’s identity and etc. There are a lot of problems. China’s currentenvironmental civil dispute mediation system mainly is the administrative organs ofthe mediation system and the people’s mediation system, but the two main system isnot fully play the role of environmental civil disputes. Environment civil disputes ofthe laws of the people’s mediation system in our country has a good ideological basis,but because of the lack of professional staff and lack of credibility, to the people’sconciliation committee was largely invisible, can not get the some value; For theadministrative organs of the mediation system is environmental civil dispute in thelitigation mediation system in our country the main mediation system, but due to theenvironmental administrative organs functions and powers divided not clear, lack ofspecial mediation organization, when the solution of the environment civil disputealso appear this or that kind of problem. In addition, for the environment civil disputemediation system in the arbitration is also a lack of mediation system in our country.Through the analysis of the environmental civil disputes in our country, perfectour country’s environmental civil disputes litigation mediation system mainlyincludes four parts. In the first place, to improve the people’s mediation system ofenvironmental civil disputes in our country, not only to build more perfectprofessional people’s mediation team also need to state judicial power intervention ensure the effectiveness of the people’s mediation. Second, is to set up a specialenvironmental mediation, administrative organs, the system of laws and regulationspromulgated, give full play to the administrative organ’s credibility to solveenvironmental civil disputes. The third point is make up the lack of mediation systemof environmental civil disputes arbitration in our country, the establishment ofmulti-level arbitration mediation system. Finally, is to strengthen environmental civildisputes settled the litigation mediation and litigation model of external connection,through the non-lawsuit legal guarantee to enhance environmental disputes mediationresults on the effectiveness of comprehensive and perfect our country’s environmentalcivil dispute settlement mechanism.
Keywords/Search Tags:Environmental Dispute, Civil Mediation, Administrative Mediation
PDF Full Text Request
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