论我国环境纠纷行政仲裁法律制度
发布时间：2019-03-25 16:49
【摘要】：目前,针对环境纠纷迅猛上升的趋势,各国都在不断完善自己的解决机制以寻求高效、便捷、公正的解决途径。相比之下,我国在国内环境纠纷解决机制已显现出缺陷和不足的同时,仍旧安于环境行政处理制度相对落后的现状,对具有诸多优点的环境纠纷行政仲裁法律制度不予承认,拒绝其成为我国环境纠纷解决方式之一的可能性。但是环境纠纷行政仲裁法律制度在解决环境民事纠纷过程中具有专业性、权威性、全局性、防范性、高效性等无可比拟的独特优势,能够适应当今社会建立多元化环境纠纷解决机制的需要,不仅已在国外的环境纠纷解决实践中得到了实证,而且在国内也存在坚实的理论基础、法律基础和文化基础,具有可行性,因此环境纠纷行政仲裁法律制度应当作为我国环境纠纷行政处理方式之一得到正式建立。本文拟从以下六个部分对我国的环境纠纷行政仲裁法律制度进行论述: 第一部分是引言。阐述了本文的选题意义、研究背景和国内外研究现状,并简单的介绍了本文的创新点和论述方法。 第二部分是我国环境纠纷解决机制的梳理和对环境纠纷行政仲裁的概念界定,该部分将我国环境纠纷解决机制归纳为三类——民间性解决机制、行政处理机制以及司法解决机制,并对这三类解决机制进行了简单梳理,其后通过与环境纠纷行政裁决、民间仲裁等相关概念的理解、比较对环境纠纷行政仲裁的概念进行了明确界定,并介绍了其独有准行政性、准司法性以及地域性特征。 第三部分是对环境纠纷行政仲裁法律制度正当性的分析。通过对国内环境纠纷现状不容乐观的分析、对现有三类环境纠纷解决机制各自局限性的探索以及对环境纠纷行政仲裁在解决环境民事纠纷过程中具有专业性、权威性、全局性、防范性、高效性等比较优势的研究,阐明环境纠纷行政仲裁法律制度建立的必要性。 第四部分是对环境纠纷行政仲裁法律制度的证成。通过环境纠纷行政仲裁法律制度在我国建立所拥有的行政权司法化理论、公共信托理论、和谐本位理论等坚实理论基础以及相关的法律基础、文化基础、价值基础以及实践基础,阐明该制度在国内建立的可行性。 第五部分是对建立我国环境纠纷行政仲裁制度的法律思考。通过环境纠纷行政仲裁制度在我国面临困境主要缘由的深入剖析,做出困境应对策略,并就环境纠纷行政仲裁制度在国内建立可能涉及到的行政仲裁机构设置、行政仲裁员选任和管理、行政仲裁费用以及行政仲裁的配套机制等问题提出法律建议。 第六部分是结论。在对全文进行总结之后,再次阐述了环境纠纷行政仲裁法律制度在我国建立的意义。
[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.
【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】：D922.6;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.
【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】：D922.6;D925.7
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