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Research On China's Environmental Alternative Dispute Resolution Mechanism

Posted on:2018-08-15Degree:MasterType:Thesis
Country:ChinaCandidate:Y C YangFull Text:PDF
GTID:2381330533968242Subject:Environment and Resources Protection Law
Abstract/Summary:PDF Full Text Request
With the rapid development of economy in our country,people awakening of environmental awareness,environmental problems have aroused more and more people's attention.Timely and reasonable solution to the environmental disputes,not only affect the civil environmental rights and interests protection,also relates to the social stable and harmonious.Therefore,the perfect mechanism of environmental disputes is of great practical significance to the development of our society.At present,the environmental disputes solution is more dependent on the traditional litigation,the alternative dispute resolution mechanism has not yet fully set up a sound,but the latter has irreplaceable characteristics and advantages compared with litigation approach,such mechanism is gradually widely used in the world countries.At present,China's research on environmental dispute settlement is more from the point of environmental litigation,or focus on specific alternative resolutions,the lack of an overall alternative dispute resolution mechanism of environmental disputes.Based on the basic principle of the alternative dispute resolution mechanism,this paper discusses the connotation and advantages of the environmental alternative dispute mechanism through literature analysis and comparative analysis,and then discusses the reality,practice and thought of perfecting the mechanism of environmental alternative dispute resolution.By analyzing the current situation and development of China's environmental alternative dispute resolution mechanism,and the common problems of existing environmental alternative dispute resolution mechanisms and practical issues of each specific manner.Combined with the United States and Japan as the main characteristics of foreign special environmental disputes,and finally put forward the way to develop the environmental disputes alternative resolution mechanism of in China.This paper aims to elaborate the concrete use way of the alternative mechanism of environmental dispute in our country.Through the analysis of the practical problems,combined with the experience of foreign mechanism,from the guiding principle of use,the improvement of each specific way and the effective connection between the litigation and the mechanism for the proposed improvement of China's environmental alternative dispute resolution mechanism of the proposal.
Keywords/Search Tags:environmental disputes, environmental litigation, alternative dispute resolution, alternative solution mechanism of environmental disputes
PDF Full Text Request
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