环境民事纠纷非诉讼解决机制研究
发布时间：2018-11-08 17:08
【摘要】：随着社会经济的发展,环境问题日益突出,由此引发的民事纠纷也日渐增多,能否公正高效地解决环境民事纠纷,不仅关系到公民合法权益的维护,而且关系到社会的平稳发展。为适应解决环境民事纠纷的需要,各国除了对诉讼制度进行改革外,还积极发展了各种非诉讼制度。我国在完善诉讼制度的同时,也注意到非诉讼方式在解决环境民事纠纷中的作用。但我国的环境民事纠纷非诉讼解决机制仍存在不足之处。鉴于此,本文对环境民事纠纷非诉讼解决机制进行了探讨。 本文从环境民事纠纷的性质和特征入手,根据非诉讼解决机制(ADR)的理论,借鉴美国、日本、韩国的环境ADR机制,对我国的环境ADR机制进行了分析。针对我国的环境ADR机制存在的不足之处,建议从以下几个方面进行完善：强调诉讼机制的同时,重视非诉讼解决机制的构建；完善我国的环境纠纷行政处理制度；建立环境民事纠纷仲裁制度；赋予和解、调解协议的法律效力。最终形成有效的环境ADR机制,以有利于社会、经济、环境的协调发展。
[Abstract]:With the development of social economy, environmental problems become more and more prominent, and the resulting civil disputes are also increasing. Whether we can solve environmental civil disputes fairly and efficiently is not only related to the protection of citizens' legitimate rights and interests. And related to the steady development of society. In order to meet the needs of solving environmental civil disputes, all countries have developed various non-litigation systems in addition to the reform of litigation system. While perfecting the litigation system, our country also pays attention to the role of non-litigation mode in solving environmental civil disputes. However, there are still shortcomings in the non-litigation mechanism of environmental civil disputes in our country. In view of this, this article has carried on the discussion to the environmental civil dispute non-litigation settlement mechanism. Starting with the nature and characteristics of environmental civil disputes and according to the theory of non-litigation settlement mechanism (ADR), this paper analyzes the environmental ADR mechanism of our country based on the environmental ADR mechanism of the United States, Japan and South Korea. In view of the shortcomings of the environmental ADR mechanism in our country, it is suggested to perfect it from the following aspects: emphasizing the litigation mechanism, paying attention to the construction of non-litigation resolution mechanism, perfecting the administrative handling system of environmental disputes in our country; To establish an arbitration system for environmental civil disputes and to give legal effect to conciliation and mediation agreements. Finally, an effective environmental ADR mechanism is formed to benefit the harmonious development of society, economy and environment.
【学位授予单位】：中南林业科技大学
【学位级别】：硕士
【学位授予年份】：2011
【分类号】：D922.6;D926
本文编号：2319138
[Abstract]:With the development of social economy, environmental problems become more and more prominent, and the resulting civil disputes are also increasing. Whether we can solve environmental civil disputes fairly and efficiently is not only related to the protection of citizens' legitimate rights and interests. And related to the steady development of society. In order to meet the needs of solving environmental civil disputes, all countries have developed various non-litigation systems in addition to the reform of litigation system. While perfecting the litigation system, our country also pays attention to the role of non-litigation mode in solving environmental civil disputes. However, there are still shortcomings in the non-litigation mechanism of environmental civil disputes in our country. In view of this, this article has carried on the discussion to the environmental civil dispute non-litigation settlement mechanism. Starting with the nature and characteristics of environmental civil disputes and according to the theory of non-litigation settlement mechanism (ADR), this paper analyzes the environmental ADR mechanism of our country based on the environmental ADR mechanism of the United States, Japan and South Korea. In view of the shortcomings of the environmental ADR mechanism in our country, it is suggested to perfect it from the following aspects: emphasizing the litigation mechanism, paying attention to the construction of non-litigation resolution mechanism, perfecting the administrative handling system of environmental disputes in our country; To establish an arbitration system for environmental civil disputes and to give legal effect to conciliation and mediation agreements. Finally, an effective environmental ADR mechanism is formed to benefit the harmonious development of society, economy and environment.
【学位授予单位】：中南林业科技大学
【学位级别】：硕士
【学位授予年份】：2011
【分类号】：D922.6;D926
【引证文献】
相关硕士学位论文 前2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
2 赵明官;中韩环境侵权责任的比较研究[D];延边大学;2012年
，本文编号：2319138
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