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A Study On The Dispute Settlement Mechanism Of Urban-rural Environment In China

Posted on:2018-02-17Degree:MasterType:Thesis
Country:ChinaCandidate:Y S BaiFull Text:PDF
GTID:2321330512487812Subject:Science of Law
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With the rapid development of China's economy,environmental pollution has become a problem that can not be ignored in economic development.Nowadays,we china even facing with more urban pollution to rural transfer,urban-rural environmental management imbalance,urban-rural environmental equity sharing uneven,urban-rural environmental disputes and a series of issues,and these issues seriously hampered the coordinated development of urban-rural areas in China,hinder the integration of urban-rural areas.In order to solve these problems,The 18th National Congress proposed to change the development model,the ecological civilization into the overall layout of socialist modernization.The Fifth Plenary Session of the Eighth Central Committee proposed to promote the coordinated development of urban-rural areas.In such a big background,urban-rural environment integration is undoubtedly the guiding ideology of urban-rural environmental governance.By combing the status quo of urban and rural environmental disputes in China,as can be seen,China's environmental dispute resolution mechanism now lacks the system construction from the background of urban-rural integration.The existing dispute resolution mechanism is not conducive to urban-rural environmental disputes in the disadvantaged farmers who are struggling to seek environmental protection.Therefore,in the discussion of urban-rural environmental dispute settlement,it is necessary to analyze the existing problems of rural environmental governance at the present stage from the perspective of the integration of urban-rural environmental disputes.And through a sound judicial relief to solve it.The ultimate goal is to build a fair urban-rural environmental dispute resolution mechanism,protect the environmental rights and interests of urban-rural residents,improve the urban-rural environmental disputes legal aid system,and control urban pollution to rural transfer effectively through the judicial to promote the realization of urban and rural environmental justice and promotion.We need to change the content of the existing environmental disputes to pay more attention to urban and rural environmental problems in order to better solve our country,which is currently extremely urgent need to address the environmental contradictions that urban and rural environmental disputes.Constructing the dispute settlement mechanism of urban-rural environment,first of all,to improve the existing environmental litigation mechanism,focus on the main body of the prosecution narrow,litigation subject evidence difficult,litigation channels are not smooth and other issues,establish a standardized legal system of environmental litigation;Secondly,the mechanism of litigation and non-litigation mechanisms complement each other,organic unity.The various dispute resolution mechanisms are integrated with each other,constructing a perfectly settlement mechanism for urban-rural disputes,in order to solve the urban-rural environmental disputes to provide adequate preparation mechanism and the possibility of choice,such as the establishment of urban-rural environmental disputes legal aid mechanism,negotiation mechanism,mediation mechanism and so on.At the same time,only in the system to achieve justice on specific cases could achieve justice,and only urban-rural environment equal protection can achieve the true sense of the coordinated development of urban-rural areas.
Keywords/Search Tags:Urban-rural Environmental Disputes, Urban-rural Integration, Environmental Justice, Environmental Litigation, Diverse Dispute Settlement Mechanism
PDF Full Text Request
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