英文摘要 |
"The dispute resolution mechanisms by non-litigation" is the most famous American "Alternative Dispute Resolution, abbreviated ADR". For the burgeoning US ADR system, our judicial practice and academia in Taiwan also are attentioned at ADR in recent years, but the ADR system still has it’s limitations, since it is main to resolve civil disputes, and can not be on the criminal litigation and administrative proceedings. However, because of environmental litigation with its shortcomings to resolve environmental disputes, it is how the academic always is thinking about to resolve the environmental disputes through non-litigation system. This paper presents that many ways may resolve our environmental disputes (including civil disputes or public law cases) by non-litigation: administrative contracts, administrative action with additional clauses, especial public taxation, administrative penalty, petitions, conciliation and adjudication, mediation, reconciliation, arbitration, administrative guidance, administrative coordination and other non-typical administrative acts. Therefore, this paper is to introduce and discuss in detail about the types, application and the pros and cons of the dispute resolution mechanisms by non-litigation in the field of environmental law. |