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Solution of the environmental non-litigation of civil disputes

Author: JiangYanPing
Tutor: ZhouYun
School: Kunming University of Science and Technology
Course: Environmental and Resources Protection Law
Keywords: Environment Environmental civil disputes Litigation Alternative Dispute Resolution Perfect
CLC: D922.6
Type: Master's thesis
Year: 2010
Downloads: 51
Quote: 0
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Abstract


Environmental disputes is a product of the times. With the rapid economic development, China has entered the stage of the high incidence of environmental disputes. Effective solutions to environmental disputes is a topic of attention. Litigation as the primary means of solving environmental civil disputes, both play an important role irreplaceable, while its operation to solve environmental civil disputes in real life situation exposed some discomfort. Along with the dual challenges of the quantity and quality of environment, civil disputes litigation, people quickly discovered the litigation on existing environmental civil disputes beyond their grasp, and enhance the people's determination to look for other ways to solve disputes. In particular, it is proposed to build a harmonious society concept, the settlement of the litigation on the environment, civil disputes are subject to the strong impact of a harmonious society \Solve the rational pursuit of social respect for the right of people to choose disputes collision environmental civil disputes booming trend in non-litigation solutions. It can be said, a combination of internal and external factors are the the environmental civil disputes non-litigation solutions thrive catalyst, theoretical basis and practical results prove the legitimacy of environmental civil disputes non-litigation solutions are all of. Broad prospects for the use of non-litigation solutions of environmental civil disputes, not only from the inherent defects of litigation extend and expand in the environment, civil disputes, more important is the integration of its own advantages and harmonious thoughts. The emergence and development of the environmental civil disputes in non-litigation solution is not to replace the litigation, but are designed to supplement the lack of the litigation system, to establish the positive interaction diversification disputes settlement mechanism. This article is also completed under the guidance of this line of thought. A good grasp of the special nature of the environment, civil disputes, the research environment civil disputes in non-litigation solution to address the diversity of ways to expand the environmental civil disputes, resolves a dispute settlement mechanism of the ability to enhance the whole environment of civil disputes, is the trend of environmental civil dispute resolution is also defuse reasonable measure of social disharmony factors. However, the feasibility of the development of the solution of the non-litigation of environmental disputes and not to eliminate barriers to the actual running, people's mediation, administrative processing, such as non-litigation solutions showed drawbacks resolved urgently need to improve the environmental disputes without litigation. Fortunately, a more mature foreign environment, civil disputes in non-litigation solutions for China to improve its system to open up a draw on the road. This paper is divided into four parts. The first part of the resolution of of environmental civil disputes and non-litigation disputes fully expounded for full papers was foreshadowing. This section describes the way the concept, characteristics of environmental civil disputes and non-litigation dispute resolution. The second part, solution overview of the environmental non-litigation of civil disputes. Discusses the generation of environmental civil disputes non-litigation solutions, the main form of non-litigation solution of environmental civil disputes theoretical basis and necessity. The third part, the environmental civil disputes the status of non-litigation solutions, and defects. The United States and Japan to start from better environmental disputes in the international development of non-litigation solutions extraterritorial examined and found defects in this regard in China as well as learn from the advanced experience of other countries. The fourth part, the environment, civil disputes in non-litigation solution perfect. Through legislation, the specific design solutions of various non-litigation practice, as well as issues related to the improvement and look forward to the environment, civil disputes in non-litigation solutions become the organic unity of the efficient operation of the system resolves a dispute.

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CLC: > Political, legal > Legal > Chinese law > Natural Resources and Environmental Protection Act
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