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Research on the System of Administrative Judicial in Environmental Civil Disputes in Extra-Territorial

Author: HuangChuanZhe
Tutor: NiuZhongZhi
School: Shandong University of Science and Technology
Course: Environment and Resources Protection Law
Keywords: Environmental civil disputes The system of administrative judicial Combining with our national system ways of relief
CLC: D922.6
Type: Master's thesis
Year: 2008
Downloads: 40
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Abstract

For the inequality of the mains of environmental civil disputes and the disputes with its own indirect, complex, ongoing, and other characteristics. Some countries or regions such as Japan, the United Kingdom and China’s Taiwan have explored and adopted different resolution mechanisms for environmental civil disputes, on the basis of its own legal traditions, legislative customs and other basic national conditions. However, the above-mentioned countries all attach great importance to the use of administrative means to resolve environmental civil disputes in the legislative and judicial practice. This is also the studying stress of this text—administrative ruling system for environmental civil disputes.Learning from successful experiences of extra-territorial, and combining with our national conditions, the following aspects should be proceeded to establish and improve the system in china:Define the extent of the administrative ruling clearly adopted in settling civil disputes. It is appropriate to deal the liability and account of compensation with administrative ruling. it is better to solve natural resource ownership disputes by the people’s court. Ensure independence and neutrality of the judge in the ruling for environmental civil disputes. Standardize the procedure of administrative ruling for environmental civil disputes. A just should be achieved, but more in a visible way. Standardizing the procedure of administrative decision for environmental civil disputes can ensure to settle the environmental civil disputes fairly and protect the rights and interests of parties in disputes fully.Endow administrative ruling for environmental civil dispute with power of enforcement. Specific performance is the last link of the ruling. It is a powerful barrier to ensure the parties transform the right determined by the valid judgement into real interests. The author believes that the establishment of a unified administrative enforcement bodies to specially implement the Administrative organ’s decisions is an ideal choice. No matter from the perspective of the professional division, or from the position of economic efficiency, it is currently the most reasonable and feasible operation. Broaden and improve the remedy way against the administrative decisions. The decisions after being made need to be submitted to the people’s court to confirm the legitimacy. The decision will effect after the people’s court’s approbation. The parties within a certain period of time do not raise objection, the man of right may ask the people’s court for enforcement, if the parties within the statutory time raise objection, should one of them be to file an appeal to a higher people’s court with another defendant.

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