试论环境行政裁决

On Administrative Adjudication of Environment Disputes

随着环境问题的日益严重,目前由环境侵权引起的环境民事纠纷数量激增,传统的解决机制存在着多方面的缺陷,纠纷双方的合法权益不能得到及时有效的维护,学界至今所做的研究亦多流于形式。从环境民事纠纷的产生根源———环境侵权方面进行分析,针对环境民事纠纷的特点熏探讨新的解决方式———环境行政裁决,也许是建立具有中国特色环境民事纠纷解决机制的有效尝试。

With the more and more serious environment problems,the number of environment civil disputes caused by infringing upon rights of environment has in creased sharply. There are defects in many ways in the traditional settlement mechanism. Lawful rights and interests of both sides in the dispute cannot be maintained on time and effectively. Besides,the academic study about this up to now has become a nere formality. So,we analyzed the root producing environment civil disputes-infringing upon rights of environment,taking the feature of environment civil disputes into consideration,probing into a new way of solving the problem-administrative adjudication of environment disputes. This may be an effective attempt to establish the settlement mechanism of environment civil disputes with the characteristics of China.