跨行政区水事纠纷解决机制研究
发布时间：2018-10-08 17:53
【摘要】： 本文从跨行政区水事纠纷及其解决机制的概述着手、对国内外跨行政区水事纠纷解决机制进行了较为深入系统的分析研究,提出了完善我国跨行政区水事纠纷解决机制的建议。 第一,论述了我国跨行政区水事纠纷的特点及产生原因。本文认为,跨行政区水事纠纷,是指发生在两个或两个以上行政区域之间因开发利用、管理和保护过程中以及由水污染行为、水工程活动所引发的一切与水事有关的各种矛盾和冲突。追求区域利益、水权制度的缺失和政策体制性障碍是产生跨行政区水事纠纷的主要原因。 第二,论述了跨行政区水事纠纷解决机制的基本内容。本文认为,跨行政区水事纠纷解决机制作为缓解、消除纠纷的制度和方法,并不是一种新型的纠纷解决机制,只是纠纷解决机制在解决跨行政区水事纠纷上的运用。跨行政区水事纠纷解决机制大体包括非诉讼方式如和解、调解、仲裁、行政处理等和诉讼方式。不同的方式在解决纠纷中的地位和作用是不同的,既有优点也有不足,纠纷当事人可根据自己的需要选择适合自己的纠纷解决方式。 第三,通过对我国古今解决跨行政区水事纠纷的做法进行纵向比较,分析了我国目前跨行政区水事纠纷解决机制在法律规定方面存在缺陷、非诉讼方式上存在不足以及诉讼方式上出现真空。 第四,通过对国外解决跨行政区水事纠纷的实践进行横向比较,得出了如下启示:充分发挥水事纠纷民间组织的作用、充分发挥仲裁机构解决跨行政区水事纠纷的作用和法律是解决跨行政区水事纠纷的重要手段。 第五,对我国跨行政区水事纠纷解决机制提出了完善的建议。立法上,解决新《水法》、《水土保持法》、《水污染防治法》及《防汛条例》之间关于跨行政区水事纠纷解决方式不协调和一些法律概念性质不明确的问题;非诉讼方式上,完善民间调解制度和行政处理制度以及建立水事纠纷仲裁制度;诉讼方式上,发展集团诉讼并建立水事法庭。
[Abstract]:Based on the summary of water dispute and its resolution mechanism, this paper makes a deep and systematic analysis and research on the water dispute settlement mechanism of cross-administrative region at home and abroad, and puts forward some suggestions for perfecting the water dispute resolution mechanism in China. First, it discusses the characteristics and causes of cross-administrative water disputes in China. This paper holds that the inter-administrative water dispute refers to the behavior of water pollution caused by exploitation, management and protection between two or more administrative areas. All kinds of contradictions and conflicts related to water caused by water engineering activities. The main reason of water disputes is to pursue regional interests, lack of water right system and policy system obstacles. Secondly, it discusses the basic content of water dispute settlement mechanism in cross-administrative region. This paper holds that as a system and method to alleviate and eliminate disputes, the inter-administrative water dispute resolution mechanism is not a new type of dispute resolution mechanism, but only the application of dispute resolution mechanism in resolving cross-administrative water disputes. Cross-administrative water dispute settlement mechanism includes non-litigation methods such as conciliation, mediation, arbitration, administrative treatment and litigation. The position and function of different ways in the dispute settlement are different, both advantages and disadvantages, the dispute parties can choose their own dispute settlement method according to their needs. Third, through the longitudinal comparison of the methods of resolving water disputes between administrative regions in ancient and modern China, this paper analyzes the defects in the legal provisions of the current water dispute settlement mechanism of cross-administrative regions in China. There are deficiencies in non-litigation mode and vacuum in litigation mode. Fourth, through the horizontal comparison of the foreign practice of resolving water disputes across administrative regions, the following revelations are drawn: give full play to the role of non-governmental organizations in water disputes. To give full play to the role of arbitration institutions in resolving water disputes across administrative regions and the law is an important means to resolve water disputes across administrative regions. Fifth, put forward the perfect suggestion to our country cross-administrative district water dispute settlement mechanism. In legislation, it is necessary to solve the problems between the new Water Law, the soil and Water Conservation Law, the Water pollution Control Law and the Flood Prevention regulations concerning the incoordination of the methods of resolving water disputes and the unclear nature of some legal concepts in the inter-administrative areas; in the non-litigation mode, Improve the civil mediation system, administrative handling system and the establishment of water dispute arbitration system; the way of litigation, development group litigation and the establishment of water courts.
【学位授予单位】：昆明理工大学
【学位级别】：硕士
【学位授予年份】：2008
【分类号】：D922.66
本文编号：2257720
[Abstract]:Based on the summary of water dispute and its resolution mechanism, this paper makes a deep and systematic analysis and research on the water dispute settlement mechanism of cross-administrative region at home and abroad, and puts forward some suggestions for perfecting the water dispute resolution mechanism in China. First, it discusses the characteristics and causes of cross-administrative water disputes in China. This paper holds that the inter-administrative water dispute refers to the behavior of water pollution caused by exploitation, management and protection between two or more administrative areas. All kinds of contradictions and conflicts related to water caused by water engineering activities. The main reason of water disputes is to pursue regional interests, lack of water right system and policy system obstacles. Secondly, it discusses the basic content of water dispute settlement mechanism in cross-administrative region. This paper holds that as a system and method to alleviate and eliminate disputes, the inter-administrative water dispute resolution mechanism is not a new type of dispute resolution mechanism, but only the application of dispute resolution mechanism in resolving cross-administrative water disputes. Cross-administrative water dispute settlement mechanism includes non-litigation methods such as conciliation, mediation, arbitration, administrative treatment and litigation. The position and function of different ways in the dispute settlement are different, both advantages and disadvantages, the dispute parties can choose their own dispute settlement method according to their needs. Third, through the longitudinal comparison of the methods of resolving water disputes between administrative regions in ancient and modern China, this paper analyzes the defects in the legal provisions of the current water dispute settlement mechanism of cross-administrative regions in China. There are deficiencies in non-litigation mode and vacuum in litigation mode. Fourth, through the horizontal comparison of the foreign practice of resolving water disputes across administrative regions, the following revelations are drawn: give full play to the role of non-governmental organizations in water disputes. To give full play to the role of arbitration institutions in resolving water disputes across administrative regions and the law is an important means to resolve water disputes across administrative regions. Fifth, put forward the perfect suggestion to our country cross-administrative district water dispute settlement mechanism. In legislation, it is necessary to solve the problems between the new Water Law, the soil and Water Conservation Law, the Water pollution Control Law and the Flood Prevention regulations concerning the incoordination of the methods of resolving water disputes and the unclear nature of some legal concepts in the inter-administrative areas; in the non-litigation mode, Improve the civil mediation system, administrative handling system and the establishment of water dispute arbitration system; the way of litigation, development group litigation and the establishment of water courts.
【学位授予单位】：昆明理工大学
【学位级别】：硕士
【学位授予年份】：2008
【分类号】：D922.66
【引证文献】
相关期刊论文 前1条
1 张虎;唐德善;;水事纠纷中水事义务转让的法律分析[J];水利科技与经济;2011年03期
，本文编号：2257720
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