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On the environmental disputes in China 's civil mediation system

Author: SongLiNa
Tutor: MaYan
School: China University of Political Science
Course: Environment and Resources Protection Law
Keywords: Civil mediation Environmental disputes Civil governance Perfect mediation system
CLC: D925.14
Type: Master's thesis
Year: 2011
Downloads: 71
Quote: 0
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Abstract


Industrial civilization in human society into the 21st century, not only to bring more, more, more abundant material comfort, but also to human beings has brought a lot of unprecedented social problems. With the accelerated pace of economic development and scientific and technological processes, in environmental resources development, utilization, protection, improve its increasing number of various contradictions and disputes management process. These disputes are not only characterized by its comprehensiveness, complexity, latent challenges related to social rules and its relief and resolve difficulties and disputes settlement system. Environments with limited judicial resources have been difficult to meet the objective needs of the people resolve environmental disputes, protection of environmental rights litigation dispute resolution mechanism, in this case, began to play an increasingly important role. Mediation system as a litigation disputes to resolve the most important aspects of the mechanisms, as the fastest growing in the world within the ADR (Alternative dispute resolution Alternative dispute resolution mechanisms) way, you are supposed to play an active role in dealing with environmental disputes. Civil Mediation is a dispute resolution system with Chinese characteristics, known as the \Civil mediation of environmental disputes Environmental Dispute Resolution from the monopoly of the state administrative, judicial system and legal person, open to the community, so that the national laws with civil norms, litigation and non-complaint, mandatory regulation and social autonomy to achieve complementarity and integration. The environmental disputes Folk mediation justice and social pressure to ease on the basis of mutual assistance in judicial proceedings complementary, there is conducive to the maintenance of the relationship of the parties, to better meet the diverse interests and needs by the parties, thus promoting the sustainable development of society. In recent years, China's civil mediation extensive practice in different areas for the mediation of environmental disputes, civil accumulated a wealth of experience, \provide a legal basis for the development of civil mediation of environmental disputes, extensive private environmental protection public participation provides a rare opportunity for civil mediation of environmental disputes. Expand multi-faceted discussion civil mediation system of environmental disputes, that environmental disputes folk mediation of building a harmonious society, to protect good order and coordination role of disinterested, a strong proponent of the dispute resolution. Through the analysis of the current situation of China's civil mediation of environmental disputes, I believe that our environmental disputes, civil mediation system, whether there are problems and shortcomings in the legislation or practice. Therefore, in the interests of consumers in China disputes civil mediation, medical malpractice, civil mediation and the United States, Taiwan, China, Hong Kong experience in civil mediation of environmental disputes after the draw put forward to improve our environmental disputes the idea of ??civil mediation system. This idea from the concept of change, the need for legislation, the feasibility of legislation and institutional building fronts. I believe that civil mediation of environmental disputes should type in accordance with the law mediation by the authority of the mediation type shift to expand mediation body and Mediation range, improve the environmental information disclosure system, focus on convergence with the litigation system, building consistent with the characteristics of environmental disputes but also with the judicial system complementary advantages of civil mediation system.

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CLC: > Political, legal > Legal > Chinese law > Procedural Law > Civil Procedure Law
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