論我國(guó)環(huán)境糾紛行政仲裁法律制度
發(fā)布時(shí)間：2019-03-25 16:49
【摘要】：目前,針對(duì)環(huán)境糾紛迅猛上升的趨勢(shì),各國(guó)都在不斷完善自己的解決機(jī)制以尋求高效、便捷、公正的解決途徑。相比之下,我國(guó)在國(guó)內(nèi)環(huán)境糾紛解決機(jī)制已顯現(xiàn)出缺陷和不足的同時(shí),仍舊安于環(huán)境行政處理制度相對(duì)落后的現(xiàn)狀,對(duì)具有諸多優(yōu)點(diǎn)的環(huán)境糾紛行政仲裁法律制度不予承認(rèn),拒絕其成為我國(guó)環(huán)境糾紛解決方式之一的可能性。但是環(huán)境糾紛行政仲裁法律制度在解決環(huán)境民事糾紛過(guò)程中具有專(zhuān)業(yè)性、權(quán)威性、全局性、防范性、高效性等無(wú)可比擬的獨(dú)特優(yōu)勢(shì),能夠適應(yīng)當(dāng)今社會(huì)建立多元化環(huán)境糾紛解決機(jī)制的需要,不僅已在國(guó)外的環(huán)境糾紛解決實(shí)踐中得到了實(shí)證,而且在國(guó)內(nèi)也存在堅(jiān)實(shí)的理論基礎(chǔ)、法律基礎(chǔ)和文化基礎(chǔ),具有可行性,因此環(huán)境糾紛行政仲裁法律制度應(yīng)當(dāng)作為我國(guó)環(huán)境糾紛行政處理方式之一得到正式建立。本文擬從以下六個(gè)部分對(duì)我國(guó)的環(huán)境糾紛行政仲裁法律制度進(jìn)行論述: 第一部分是引言。闡述了本文的選題意義、研究背景和國(guó)內(nèi)外研究現(xiàn)狀,并簡(jiǎn)單的介紹了本文的創(chuàng)新點(diǎn)和論述方法。 第二部分是我國(guó)環(huán)境糾紛解決機(jī)制的梳理和對(duì)環(huán)境糾紛行政仲裁的概念界定,該部分將我國(guó)環(huán)境糾紛解決機(jī)制歸納為三類(lèi)——民間性解決機(jī)制、行政處理機(jī)制以及司法解決機(jī)制,并對(duì)這三類(lèi)解決機(jī)制進(jìn)行了簡(jiǎn)單梳理,其后通過(guò)與環(huán)境糾紛行政裁決、民間仲裁等相關(guān)概念的理解、比較對(duì)環(huán)境糾紛行政仲裁的概念進(jìn)行了明確界定,并介紹了其獨(dú)有準(zhǔn)行政性、準(zhǔn)司法性以及地域性特征。 第三部分是對(duì)環(huán)境糾紛行政仲裁法律制度正當(dāng)性的分析。通過(guò)對(duì)國(guó)內(nèi)環(huán)境糾紛現(xiàn)狀不容樂(lè)觀的分析、對(duì)現(xiàn)有三類(lèi)環(huán)境糾紛解決機(jī)制各自局限性的探索以及對(duì)環(huán)境糾紛行政仲裁在解決環(huán)境民事糾紛過(guò)程中具有專(zhuān)業(yè)性、權(quán)威性、全局性、防范性、高效性等比較優(yōu)勢(shì)的研究,闡明環(huán)境糾紛行政仲裁法律制度建立的必要性。 第四部分是對(duì)環(huán)境糾紛行政仲裁法律制度的證成。通過(guò)環(huán)境糾紛行政仲裁法律制度在我國(guó)建立所擁有的行政權(quán)司法化理論、公共信托理論、和諧本位理論等堅(jiān)實(shí)理論基礎(chǔ)以及相關(guān)的法律基礎(chǔ)、文化基礎(chǔ)、價(jià)值基礎(chǔ)以及實(shí)踐基礎(chǔ),闡明該制度在國(guó)內(nèi)建立的可行性。 第五部分是對(duì)建立我國(guó)環(huán)境糾紛行政仲裁制度的法律思考。通過(guò)環(huán)境糾紛行政仲裁制度在我國(guó)面臨困境主要緣由的深入剖析,做出困境應(yīng)對(duì)策略,并就環(huán)境糾紛行政仲裁制度在國(guó)內(nèi)建立可能涉及到的行政仲裁機(jī)構(gòu)設(shè)置、行政仲裁員選任和管理、行政仲裁費(fèi)用以及行政仲裁的配套機(jī)制等問(wèn)題提出法律建議。 第六部分是結(jié)論。在對(duì)全文進(jìn)行總結(jié)之后,再次闡述了環(huán)境糾紛行政仲裁法律制度在我國(guó)建立的意義。
[Abstract]:At present, in view of the rising trend of environmental disputes, countries are constantly improving their own settlement mechanism to seek efficient, convenient and fair solutions. In contrast, while the domestic environmental dispute settlement mechanism in our country has shown defects and deficiencies, it is still satisfied with the relatively backward situation of the environmental administrative treatment system, and does not recognize the legal system of environmental dispute administrative arbitration, which has many advantages. Reject the possibility that it becomes one of the ways of solving environmental disputes in our country. However, the legal system of administrative arbitration of environmental disputes has incomparable unique advantages in the process of resolving environmental civil disputes, such as professionalism, authority, overall situation, prevention, high efficiency and so on. To meet the needs of setting up diversified environmental dispute resolution mechanism in today's society, it has not only been proved in the practice of environmental dispute resolution abroad, but also has a solid theoretical basis, legal basis and cultural foundation in our country. Therefore, the legal system of administrative arbitration of environmental disputes should be formally established as one of the administrative ways of dealing with environmental disputes. This paper discusses the legal system of administrative arbitration of environmental disputes in China from the following six parts: the first part is the introduction. This paper expounds the significance of this paper, the research background and the current research situation at home and abroad, and briefly introduces the innovation and discussion methods of this paper. The second part is the carding of China's environmental dispute settlement mechanism and the definition of environmental dispute administrative arbitration. In this part, the environmental dispute resolution mechanism of our country is classified into three categories-the folk settlement mechanism. Administrative handling mechanism and judicial settlement mechanism, and these three types of settlement mechanism are simply combed, and then through the understanding of the related concepts such as administrative award of environmental disputes, folk arbitration, etc. The concept of environmental dispute administrative arbitration is clearly defined, and its unique quasi-administrative, quasi-judicial and regional characteristics are introduced. The third part is the analysis of the legitimacy of the legal system of environmental dispute administrative arbitration. Through the analysis of the current situation of domestic environmental disputes, this paper explores the limitations of the existing three kinds of environmental dispute resolution mechanisms and the administrative arbitration of environmental disputes in the process of resolving environmental civil disputes is professional, authoritative and global. The necessity of establishing the legal system of administrative arbitration of environmental disputes is expounded by the comparative advantage of prevention and high efficiency. The fourth part is the evidence of the legal system of administrative arbitration of environmental disputes. Through the establishment of the legal system of administrative arbitration of environmental disputes in China, the solid theoretical basis, such as the judicial theory of administrative power, the theory of public trust, the theory of harmonious standard, and the relevant legal and cultural foundations, have been established in our country. Based on value and practice, this paper expounds the feasibility of establishing the system in China. The fifth part is the legal reflection on the establishment of administrative arbitration system of environmental disputes in China. Through the in-depth analysis of the main reasons why the administrative arbitration system of environmental disputes is facing difficulties in our country, the countermeasures are made, and the establishment of administrative arbitration institutions which may be involved in the establishment of the administrative arbitration system of environmental disputes in China is put forward. The selection and management of administrative arbitrators, the costs of administrative arbitration and the supporting mechanism of administrative arbitration put forward legal suggestions. The sixth part is the conclusion. After summarizing the full text, this paper expounds the significance of the establishment of the administrative arbitration system of environmental disputes in our country again.
【學(xué)位授予單位】：山東師范大學(xué)
【學(xué)位級(jí)別】：碩士
【學(xué)位授予年份】：2011
【分類(lèi)號(hào)】：D922.6;D925.7
[Abstract]:At present, in view of the rising trend of environmental disputes, countries are constantly improving their own settlement mechanism to seek efficient, convenient and fair solutions. In contrast, while the domestic environmental dispute settlement mechanism in our country has shown defects and deficiencies, it is still satisfied with the relatively backward situation of the environmental administrative treatment system, and does not recognize the legal system of environmental dispute administrative arbitration, which has many advantages. Reject the possibility that it becomes one of the ways of solving environmental disputes in our country. However, the legal system of administrative arbitration of environmental disputes has incomparable unique advantages in the process of resolving environmental civil disputes, such as professionalism, authority, overall situation, prevention, high efficiency and so on. To meet the needs of setting up diversified environmental dispute resolution mechanism in today's society, it has not only been proved in the practice of environmental dispute resolution abroad, but also has a solid theoretical basis, legal basis and cultural foundation in our country. Therefore, the legal system of administrative arbitration of environmental disputes should be formally established as one of the administrative ways of dealing with environmental disputes. This paper discusses the legal system of administrative arbitration of environmental disputes in China from the following six parts: the first part is the introduction. This paper expounds the significance of this paper, the research background and the current research situation at home and abroad, and briefly introduces the innovation and discussion methods of this paper. The second part is the carding of China's environmental dispute settlement mechanism and the definition of environmental dispute administrative arbitration. In this part, the environmental dispute resolution mechanism of our country is classified into three categories-the folk settlement mechanism. Administrative handling mechanism and judicial settlement mechanism, and these three types of settlement mechanism are simply combed, and then through the understanding of the related concepts such as administrative award of environmental disputes, folk arbitration, etc. The concept of environmental dispute administrative arbitration is clearly defined, and its unique quasi-administrative, quasi-judicial and regional characteristics are introduced. The third part is the analysis of the legitimacy of the legal system of environmental dispute administrative arbitration. Through the analysis of the current situation of domestic environmental disputes, this paper explores the limitations of the existing three kinds of environmental dispute resolution mechanisms and the administrative arbitration of environmental disputes in the process of resolving environmental civil disputes is professional, authoritative and global. The necessity of establishing the legal system of administrative arbitration of environmental disputes is expounded by the comparative advantage of prevention and high efficiency. The fourth part is the evidence of the legal system of administrative arbitration of environmental disputes. Through the establishment of the legal system of administrative arbitration of environmental disputes in China, the solid theoretical basis, such as the judicial theory of administrative power, the theory of public trust, the theory of harmonious standard, and the relevant legal and cultural foundations, have been established in our country. Based on value and practice, this paper expounds the feasibility of establishing the system in China. The fifth part is the legal reflection on the establishment of administrative arbitration system of environmental disputes in China. Through the in-depth analysis of the main reasons why the administrative arbitration system of environmental disputes is facing difficulties in our country, the countermeasures are made, and the establishment of administrative arbitration institutions which may be involved in the establishment of the administrative arbitration system of environmental disputes in China is put forward. The selection and management of administrative arbitrators, the costs of administrative arbitration and the supporting mechanism of administrative arbitration put forward legal suggestions. The sixth part is the conclusion. After summarizing the full text, this paper expounds the significance of the establishment of the administrative arbitration system of environmental disputes in our country again.
【學(xué)位授予單位】：山東師范大學(xué)
【學(xué)位級(jí)別】：碩士
【學(xué)位授予年份】：2011
【分類(lèi)號(hào)】：D922.6;D925.7
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