Journal of Jishou University(Social Sciences)

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On the Ecologicalization of Non-litigation Resolution Mechanism of Environmental Disputes

PENG Lijuan   

  1. (College of Law,Hunan Normal University,Changsha 410081,China)
  • Online:2016-09-01 Published:2016-09-18

Abstract: The complex environmental disputes caused by environmental conflicts of multiple interests call for non-litigation resolution.It means that the traditional non-litigation resolution mechanism of environmental disputes is faced with ecologicalization,requiring that the complex ecological rules and ecological interests be taken into consideration.The spirit of rule of law,such as legal governance,negotiation of interest parties,and relevant subject participation,should be intrinsically embodied in the non-litigation resolution mechanism,which is confronted with such challenges as the complexness of itself,difficulties in legal resolution,failure of administrative measures,and immaturity of the non-litigation resolution mechanism.To improve the mechanism,it is important to innovate the legal concept of the public,perfect relevant legislation system,strengthen the guidance and monitor of relevant departments,establish monitoring and evaluation system of the pollution damage to the environment,and perfecting all kinds of non-litigation solution,etc.

Key words: environmental disputes, non-litigation resolution mechanism, ecologicalization

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