环境纠纷诉讼外解决机制研究

发布时间：2018-02-21 07:50

本文关键词： 环境纠纷环境诉讼诉讼外解决机制环境纠纷诉讼外解决机制　出处：《重庆大学》2008年硕士论文　论文类型：学位论文

【摘要】： 随着现代化进程的推进,我国的环境问题日益引起社会的重视,环境污染和环境破坏引发的环境纠纷也越来越多。能否合理的解决环境纠纷,不仅影响到公民环境权益的保护,而且关系到社会的稳定。随着越来越多的环境纠纷诉至法院,有限的司法资源已难以承受案件之重负,法官环境专业知识的局限也使得在诉讼之外寻求环境纠纷的解决方式成为必要。由于环境纠纷的特点,通过诉讼外途径解决环境纠纷在许多方面具有优于诉讼的特性,已成为当今各国解决环境纠纷的发展趋势。我国的环境法制建设正在进行中,在完善诉讼制度的同时,也注意到了诉讼外纠纷解决机制的重要作用。但是我国现有的环境纠纷诉讼外解决机制尚显单薄,没有形成适应环境纠纷特点和现状的多元化纠纷解决体系,在制度设置上也缺乏专门的机构,难以充分发挥诉讼外解决机制的替代功能。全文约三万二千字,分别从环境纠纷诉讼外解决机制概述、我国环境纠纷诉讼外解决机制的现状分析、国外环境纠纷诉讼外解决机制的考察与启示和完善我国环境纠纷诉讼外解决机制的法律构想四个部分作阐述。第一部分,“环境纠纷诉讼外解决机制概述”,通过对诉讼外纠纷解决机制的概念、诉讼外纠纷解决机制的产生与发展、诉讼外纠纷解决机制的特征和环境纠纷特征的探讨,旨在明确环境纠纷诉讼外解决机制的作用和优势,为环境纠纷诉讼外解决机制的引入作了一个很好的铺垫。第二部分,“我国环境纠纷诉讼外解决机制的现状分析”,对我国现有的三种环境纠纷诉讼外解决机制的现状加以分析,并指出各自存在的缺陷。第三部分,“国外环境纠纷诉讼外解决机制的考察与启示”,选取了美国、日本有关环境纠纷诉讼外解决机制的情况进行介绍,为完善我国环境纠纷诉讼外解决机制提供了借鉴意义。第四部分,“完善我国环境纠纷诉讼外解决机制的法律构想”,在借鉴国外成功经验的基础上,阐述了完善我国环境纠纷诉讼外解决机制的总体思路,在完善环境纠纷民间调解制度、行政处理制度方面提出了相应的法律设想,构建了环境仲裁、法院案前调解两种全新的制度,丰富了我国现有的环境纠纷解决机制。
[Abstract]:With the advancement of modernization, the environmental problems in our country have been paid more and more attention to, and there are more and more environmental disputes caused by environmental pollution and environmental damage. Whether the environmental disputes can be solved rationally will not only affect the protection of citizens' environmental rights and interests. As more and more environmental disputes are brought to the courts, the limited judicial resources can no longer bear the heavy burden of cases. The limitation of judges' environmental expertise also makes it necessary to seek solutions to environmental disputes outside of litigation. Because of the characteristics of environmental disputes, it is superior to litigation in many aspects to solve environmental disputes by means of non-litigation. It has become the development trend of solving environmental disputes in various countries. The construction of environmental legal system is in progress in our country. While perfecting the litigation system, we also pay attention to the important role of the dispute settlement mechanism outside litigation. There is no diversified dispute resolution system which adapts to the characteristics and current situation of environmental disputes, and there is also a lack of special institutions in the system setup, which makes it difficult to give full play to the alternative function of the extra-litigation resolution mechanism. The full text is about 32,000 words, respectively from the environment dispute litigation outside the settlement mechanism overview, our country environment dispute lawsuit outside the settlement mechanism present situation analysis, The investigation and enlightenment of the external settlement mechanism of environmental disputes in foreign countries and the legal conception of perfecting the extrinsic settlement mechanism of environmental disputes in China are discussed in four parts. The first part, "Overview of the external settlement mechanism of environmental disputes", through the concept of the dispute settlement mechanism outside litigation, the emergence and development of the dispute settlement mechanism outside litigation, the characteristics of the dispute resolution mechanism outside litigation and the characteristics of environmental disputes. The purpose of this paper is to make clear the function and advantage of the mechanism of extrinsic settlement of environmental dispute, and to make a good foreshadowing for the introduction of the mechanism of extrinsic settlement of environmental dispute. In the second part, the present situation of the extrinsic settlement mechanism of environmental disputes in China is analyzed, and their defects are pointed out. The third part, "the investigation and enlightenment of the external settlement mechanism of environmental dispute litigation abroad", selects the situation of the United States and Japan about the external settlement mechanism of environmental dispute litigation to introduce. It provides reference significance for perfecting the external settlement mechanism of environmental disputes in our country. In the 4th part, "the legal conception of perfecting the extrinsic settlement mechanism of environmental dispute litigation in our country", based on the successful experience of foreign countries, this paper expounds the general idea of perfecting the extrinsic settlement mechanism of environmental dispute litigation in our country. In perfecting the civil mediation system of environmental disputes and administrative handling system, the author puts forward the corresponding legal assumption, constructs two new systems of environmental arbitration and pre-court mediation, which enriches the existing environmental dispute resolution mechanism in China.
【学位授予单位】：重庆大学
【学位级别】：硕士
【学位授予年份】：2008
【分类号】：D922.6

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