环境纠纷仲裁机制若干问题研究
发布时间：2018-10-11 09:21
【摘要】： 经济的飞速发展,环境问题也在经济发展的进程中日益显现,并且已经开始对人类的生活生产造成了实质性而非预测性的损害。如何在发展经济的同时保护好环境,使人类与其赖以生存的环境和谐共处也是我们不得不面对的重要问题。而在这众多环境问题中,如何处理好环境纠纷将成为维护安定公平的和谐环境局面的重中之重。 在解决环境纠纷众多机制当中,环境纠纷仲裁处理机制由仲裁机构作为中立的第三人处理纠纷,是“国家公权力民用化”协调民事纠纷的一种典型模式,是一种准司法纠纷解决机制。在解决环境纠纷问题上,它比单纯的民事协商机制解决纠纷以及纯粹的法院裁判方式的国家公权力介入方式更加合理、高效、优质。 本文从环境纠纷仲裁机制构建式的基本框架出发,针对构建科学的环境纠纷仲裁处理机制中的问题——阐述。分别从环境纠纷仲裁处理机制的可行性、必要性；我国环境纠纷仲裁处理机制的现实障碍；国际环境纠纷仲裁模式与国内环境纠纷仲裁实践探索对构建我国环境纠纷机制的借鉴与启示；完善我国仲裁纠纷处理机制的基本思路几个方面进行具体论述。并提出了一些新思路,例如建立可选择的环境纠纷仲裁前置模式,由受损害方自由选择,环境破坏方无条件接受的,并由法律直接保障的格式协议方式平衡环境纠纷双方的利益。种种机制建立的目的不是在于完善美化现有的环境纠纷解决方式,而是为了能够给环境纠纷双方当事人一个更加便捷高效的纠纷处理环境,最终实现环境的可持续发展。希望笔者的论述对环境纠纷仲裁处理机制的整体确立提供一些力所能及的建议和帮助。
[Abstract]:With the rapid development of the economy, the environmental problems are becoming more and more obvious in the process of economic development, and have begun to cause substantial and unpredicted damage to human life and production. It is also an important problem that we have to face how to protect the environment while developing economy and make human beings live in harmony with the environment on which they live. Among these many environmental problems, how to deal with environmental disputes well will become the most important in maintaining a stable and fair harmonious environment. Among the many mechanisms for resolving environmental disputes, the arbitration mechanism of environmental disputes is handled by the arbitration institution as a neutral third party, which is a typical model for the coordination of civil disputes by "civil rights of the state". It is a kind of quasi-judicial dispute resolution mechanism. In solving environmental disputes, it is more reasonable, efficient and high quality than the simple civil consultation mechanism and the state public power intervention mode of pure court adjudication. Starting from the basic framework of the construction of arbitration mechanism for environmental disputes, this paper expounds the problems in constructing a scientific arbitration mechanism for environmental disputes. From the point of view of the feasibility and necessity of the arbitration mechanism of environmental disputes, the practical obstacles of the arbitration mechanism of environmental disputes in China; The model of international environmental dispute arbitration and the practice of domestic environmental dispute arbitration are discussed in detail from the following aspects: the reference and inspiration to the construction of China's environmental dispute mechanism and the improvement of China's arbitration dispute handling mechanism. Some new ideas are put forward, such as the establishment of an optional pre-arbitration model for environmental dispute arbitration, which is freely chosen by the injured party and unconditionally accepted by the damaging party. And by the law directly guaranteed by the format agreement to balance the interests of both parties to the environmental dispute. The purpose of all kinds of mechanisms is not to perfect and beautify the existing ways of resolving environmental disputes, but to give the parties to environmental disputes a more convenient and efficient environment to deal with disputes, and finally to realize the sustainable development of the environment. It is hoped that the author's discussion will provide some suggestions and help for the establishment of arbitration mechanism of environmental disputes.
【学位授予单位】：西安建筑科技大学
【学位级别】：硕士
【学位授予年份】：2010
【分类号】：D925.7;D922.68
本文编号：2263671
[Abstract]:With the rapid development of the economy, the environmental problems are becoming more and more obvious in the process of economic development, and have begun to cause substantial and unpredicted damage to human life and production. It is also an important problem that we have to face how to protect the environment while developing economy and make human beings live in harmony with the environment on which they live. Among these many environmental problems, how to deal with environmental disputes well will become the most important in maintaining a stable and fair harmonious environment. Among the many mechanisms for resolving environmental disputes, the arbitration mechanism of environmental disputes is handled by the arbitration institution as a neutral third party, which is a typical model for the coordination of civil disputes by "civil rights of the state". It is a kind of quasi-judicial dispute resolution mechanism. In solving environmental disputes, it is more reasonable, efficient and high quality than the simple civil consultation mechanism and the state public power intervention mode of pure court adjudication. Starting from the basic framework of the construction of arbitration mechanism for environmental disputes, this paper expounds the problems in constructing a scientific arbitration mechanism for environmental disputes. From the point of view of the feasibility and necessity of the arbitration mechanism of environmental disputes, the practical obstacles of the arbitration mechanism of environmental disputes in China; The model of international environmental dispute arbitration and the practice of domestic environmental dispute arbitration are discussed in detail from the following aspects: the reference and inspiration to the construction of China's environmental dispute mechanism and the improvement of China's arbitration dispute handling mechanism. Some new ideas are put forward, such as the establishment of an optional pre-arbitration model for environmental dispute arbitration, which is freely chosen by the injured party and unconditionally accepted by the damaging party. And by the law directly guaranteed by the format agreement to balance the interests of both parties to the environmental dispute. The purpose of all kinds of mechanisms is not to perfect and beautify the existing ways of resolving environmental disputes, but to give the parties to environmental disputes a more convenient and efficient environment to deal with disputes, and finally to realize the sustainable development of the environment. It is hoped that the author's discussion will provide some suggestions and help for the establishment of arbitration mechanism of environmental disputes.
【学位授予单位】：西安建筑科技大学
【学位级别】：硕士
【学位授予年份】：2010
【分类号】：D925.7;D922.68
【引证文献】
相关硕士学位论文 前1条
1 肖素萍;我国环境污染侵权纠纷仲裁制度研究[D];湖南师范大学;2012年
，本文编号：2263671
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