论我国环境纠纷行政处理机制的完善
发布时间：2019-01-16 01:46
【摘要】：全球经济的飞速发展,不仅给人类带来了美好的生活,同时也带来了新型的灾难。进入二十世纪以来,全球的环境状况急剧恶化,以环境污染和生态破坏为主要表现形式的次生环境问题愈演愈烈,环境纠纷不断产生,从而导致环境纠纷的解决机制面临新的挑战。为此,各国不仅对诉讼制度进行大力改革,还积极发展诉讼外环境纠纷解决机制,其中以环境纠纷的行政处理机制成果最为显著,深得各国推崇。 我国的环境法律制度经过几十年的发展,已经形成了比较完备的环境法律体系。目前我国的环境纠纷解决机制已与其他国家无异,包括了诉讼、调解、行政处理和谈判和解等各种方式,但还很不完善。根据《中华人民共和国环境保护法》的相关规定,环境纠纷的行政处理方式包括行政调解和行政裁决两种。但由于我国的现实情况,目前常用的环境纠纷行政处理方式只有行政调解一种,这对于解决逐渐增多的环境纠纷来说是很大的弊端,远远不能适应解决环境纠纷的需要。为了能够更好地解决环境纠纷,我国在改革司法体制的同时,还不断的借鉴国外环境纠纷行政处理的有益经验,通过法学理论研究和法律制定及修改等途径来完善我国环境纠纷行政处理机制。 本文是在我国环境法已取得相当法制经验的基础上进行的研究,主要是围绕环境纠纷行政处理机制的相关理论进行,共分为四个部分。 首先,以行政处理机制的相关理论为出发点,从其概念、特点和原则等方面逐步深入地分析了行政处理机制的基本原理,为该机制应用于解决环境纠纷做出铺垫。 其次,阐述了环境纠纷的现状及目前的各种纠纷解决方式,重点分析我国的环境纠纷行政处理机制现状及其缺陷,并借鉴我国台湾地区及其他国家的相关环境法制经验,为我国环境纠纷行政处理机制的完善提供实践依掘。 再次,论述了完善环境纠纷行政处理机制的对我国社会整体发展的重大意义,从我国法治建设、政府公信力提高、经济发展环境及现实需要等不同层面入手,为该机制的完善提供理论依据。 最后,重点论述了完善我国环境纠纷行政处理机制的相关建议,该部分层次分明,重点突出,主要包括几个方面的内容:一是法律修改及制定,这部分先论述了对现行环境法律法规进行修改,之后重点论述了制定一部《环境纠纷行政处理法》的重要性,从设立机构、规定受案范围、明确处理方式等方面进行全面分析,提出可行的建议;二是相关配套制度建设,从国家政策的支持、环境信访制度的建立及加强其他现存环境法律制度的建设等方面与环境纠纷的行政处理机制相互协调、相互配合,更好的发挥各项制度的优势,解决环境纠纷;三是社会法律宣传,提出了宣传环境保护的重要性,增强人民的法治意识,建立完善公众参与机制。
[Abstract]:The rapid development of the global economy has not only brought mankind a good life, but also brought a new type of disaster. Since the beginning of the twentieth century, the global environmental situation has deteriorated sharply, and the secondary environmental problems, which are mainly manifested in environmental pollution and ecological destruction, are becoming increasingly serious, and environmental disputes are constantly arising. As a result, the settlement mechanism of environmental disputes faces new challenges. Therefore, countries not only reform the litigation system vigorously, but also actively develop the mechanism of resolving environmental disputes outside litigation. Among them, the administrative mechanism of dealing with environmental disputes is the most remarkable one, which is highly respected by all countries. After decades of development, China's environmental legal system has formed a relatively complete environmental legal system. At present, the mechanism of environmental dispute resolution in our country is no different from other countries, including litigation, mediation, administrative treatment and negotiation and settlement, etc., but it is still far from perfect. According to the relevant provisions of the Environmental Protection Law of the people's Republic of China, the administrative handling of environmental disputes includes administrative mediation and administrative adjudication. However, due to the reality of our country, administrative mediation is the only administrative way of dealing with environmental disputes, which is a great drawback to solve the increasing environmental disputes, and can not adapt to the needs of environmental disputes. In order to solve the environmental disputes better, while reforming the judicial system, our country is constantly drawing lessons from the beneficial experience of foreign countries in the administrative handling of environmental disputes. The administrative mechanism of environmental disputes in China is improved through the research of law theory and the establishment and modification of law. This paper is based on the legal experience of environmental law in China. It mainly focuses on the related theories of administrative mechanism of environmental disputes, which is divided into four parts. Firstly, based on the related theories of administrative treatment mechanism, the basic principle of administrative processing mechanism is analyzed step by step from its concept, characteristics and principles, so as to pave the way for the application of this mechanism to the solution of environmental disputes. Secondly, this paper expounds the present situation of environmental disputes and the current ways of resolving them, analyzes the present situation and defects of administrative mechanism of environmental disputes in China, and draws lessons from the relevant environmental legal system experiences of Taiwan and other countries. It provides practice for the perfection of administrative mechanism of environmental disputes in our country. Thirdly, it discusses the great significance of perfecting the administrative handling mechanism of environmental disputes to the overall development of our society, starting with the construction of our country's rule of law, the improvement of the credibility of the government, the environment of economic development and the actual needs, and so on. To provide the theoretical basis for the perfection of the mechanism. Finally, the paper focuses on the relevant suggestions to improve the administrative handling mechanism of environmental disputes in China. This part has distinct levels and emphases, which mainly include several aspects: first, the revision and formulation of the law, This part first discusses the revision of the current environmental laws and regulations, and then focuses on the importance of formulating an administrative law on the handling of environmental disputes, and makes a comprehensive analysis from the aspects of setting up the organization, prescribing the scope of the case, and defining the way of handling the case. Making feasible recommendations; Second, the construction of related supporting systems, in terms of the support of national policies, the establishment of the environmental petition system and the strengthening of the construction of other existing environmental legal systems, and the administrative handling mechanism of environmental disputes are coordinated and coordinated with each other. Better play to the advantages of the various systems to resolve environmental disputes; Third, social legal propaganda, put forward the importance of publicizing environmental protection, strengthening people's consciousness of rule of law, establishing and perfecting the mechanism of public participation.
【学位授予单位】：山东师范大学
【学位级别】：硕士
【学位授予年份】：2011
【分类号】：D922.68;D925.3
[Abstract]:The rapid development of the global economy has not only brought mankind a good life, but also brought a new type of disaster. Since the beginning of the twentieth century, the global environmental situation has deteriorated sharply, and the secondary environmental problems, which are mainly manifested in environmental pollution and ecological destruction, are becoming increasingly serious, and environmental disputes are constantly arising. As a result, the settlement mechanism of environmental disputes faces new challenges. Therefore, countries not only reform the litigation system vigorously, but also actively develop the mechanism of resolving environmental disputes outside litigation. Among them, the administrative mechanism of dealing with environmental disputes is the most remarkable one, which is highly respected by all countries. After decades of development, China's environmental legal system has formed a relatively complete environmental legal system. At present, the mechanism of environmental dispute resolution in our country is no different from other countries, including litigation, mediation, administrative treatment and negotiation and settlement, etc., but it is still far from perfect. According to the relevant provisions of the Environmental Protection Law of the people's Republic of China, the administrative handling of environmental disputes includes administrative mediation and administrative adjudication. However, due to the reality of our country, administrative mediation is the only administrative way of dealing with environmental disputes, which is a great drawback to solve the increasing environmental disputes, and can not adapt to the needs of environmental disputes. In order to solve the environmental disputes better, while reforming the judicial system, our country is constantly drawing lessons from the beneficial experience of foreign countries in the administrative handling of environmental disputes. The administrative mechanism of environmental disputes in China is improved through the research of law theory and the establishment and modification of law. This paper is based on the legal experience of environmental law in China. It mainly focuses on the related theories of administrative mechanism of environmental disputes, which is divided into four parts. Firstly, based on the related theories of administrative treatment mechanism, the basic principle of administrative processing mechanism is analyzed step by step from its concept, characteristics and principles, so as to pave the way for the application of this mechanism to the solution of environmental disputes. Secondly, this paper expounds the present situation of environmental disputes and the current ways of resolving them, analyzes the present situation and defects of administrative mechanism of environmental disputes in China, and draws lessons from the relevant environmental legal system experiences of Taiwan and other countries. It provides practice for the perfection of administrative mechanism of environmental disputes in our country. Thirdly, it discusses the great significance of perfecting the administrative handling mechanism of environmental disputes to the overall development of our society, starting with the construction of our country's rule of law, the improvement of the credibility of the government, the environment of economic development and the actual needs, and so on. To provide the theoretical basis for the perfection of the mechanism. Finally, the paper focuses on the relevant suggestions to improve the administrative handling mechanism of environmental disputes in China. This part has distinct levels and emphases, which mainly include several aspects: first, the revision and formulation of the law, This part first discusses the revision of the current environmental laws and regulations, and then focuses on the importance of formulating an administrative law on the handling of environmental disputes, and makes a comprehensive analysis from the aspects of setting up the organization, prescribing the scope of the case, and defining the way of handling the case. Making feasible recommendations; Second, the construction of related supporting systems, in terms of the support of national policies, the establishment of the environmental petition system and the strengthening of the construction of other existing environmental legal systems, and the administrative handling mechanism of environmental disputes are coordinated and coordinated with each other. Better play to the advantages of the various systems to resolve environmental disputes; Third, social legal propaganda, put forward the importance of publicizing environmental protection, strengthening people's consciousness of rule of law, establishing and perfecting the mechanism of public participation.
【学位授予单位】：山东师范大学
【学位级别】：硕士
【学位授予年份】：2011
【分类号】：D922.68;D925.3
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