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The Research And Problem About De Gu Conciliation Aiming On Solving Environmental Conflicts

Posted on:2016-07-12Degree:MasterType:Thesis
Country:ChinaCandidate:J L LuFull Text:PDF
GTID:2296330479498004Subject:Environment and Resources Protection Law
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With the rapid economic development in today’s society, people are becoming more and more attention to the problem of environment.The environmental dispute is becoming more and more serious. Our country has a long history of civil mediation, civil mediation also has played a catalytic role for the stability and development of our society. There is a unique folk mediation in Liangshan Yi area- Degu mediation, with environmental disputes occurring frequently, chief mediator in Liangshan Yi district, Degu assumed the task of mediation of environmental disputes. However, faced with the new professional environment disputes, Degu mediation have its unique features and some congenital deficiencies. In this paper, using Degu mediation in Liangshan Yi district to resolve environmental disputes as the research object, the main application of the research methods are literature analysis and case analysis. Currently, Degu mediation use other dispute method to solve the environmental dispute, ignoring the environmental problems and the complexity of the dispute, on the whole in "misconduct" state, which needs to improve. Therefore, it’s necessary to build reasonable, timely and convenient legal environment in liangshan Yi area, so as to make more effective on the solution of the dispute, and make a more stable economic and social development.Based on the analysis of "Degu mediation", "environmental dispute" etc, the nature of "ancient environmental dispute mediation" is defined in this article. Degu mediation environmental disputes exist 3 problems: blindly mediation, conciliation failure risk, the weakening other ways. It shows that environmental disputes are lack of the institutional guarantee, the essence of the environmental dispute is complex and Degu itself are lack of professional knowledge, thus leading to the environmental dispute mediation lack of related legal knowledge. Based on the analysis of existing problems and reasons in Degu environmental dispute mediation, this article put forward 3 countermeasures: improve the system of environmental laws and regulations, Yi customary law and national law complimentary development, improve the quality of Degu.
Keywords/Search Tags:Degu Mediation, environmental disputes, Customary law, cause analysis, basic assumptions
PDF Full Text Request
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