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Analysis of Public Nuisance Disputes and Dispute Resolution System with Comparative Legal Researches

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Thus Project is intended to be completed in 2 years. Implementation of the 1st-year plan was done in 2005. The content and target of the 2nd-year (i.e., 2006) plan are as follows: (1)Analysis of the protestors’ background and the cause of nuisance disputes arising in the past years based on the information collected from the interview with relevant protestors (2)to follow-up the interview completed during the 1st-year plan to make the field data more comprehensive and sufficient, and propose relevant comments and suggestions on the resolution measures in respect of nuisance disputes and/or on other relevant environmental measures and laws/regulations based on such field data. (3)Research on the limitation of judicial remedies (including civil suits and administrative suits): except for the provisions regarding civil suits, which has been introduced, documented and analyzed during the 1st-year plan, the plan for the current year will examine on (i) whether administrative suits can be used as a proper resolution measure for nuisance disputes, and (ii) whether there is any insufficiency or improperness on the current regulatory scheme or other relevant system(s) of Taiwan. (4)Research on the resolution system(s) of nuisance disputes adopted by certain common law jurisdictions (such as the United States and the United Kingdom): the relevant provisions regarding civil law jurisdictions (Germany and Japan) have been done in the 1st-year plan. The current year’s plan will focus on the resolution system(s) of nuisance disputes adopted common law jurisdictions, so as to propose refinement measures on the resolution system of Taiwan. (5)Research on the refinement measures on the system of judicial remedies: based on the analysis and research on the aforementioned legal system(s) of foreign jurisdictions and the civil/administrative system of Taiwan, the project will try to integrate the roles played by the modern system of judicial remedies, and propose recommendations thereon. (6)To organize the consultancy service group(s) for execution of environmental agreements, so as to assist the local industries enter into environmental agreements with local people or local government, and help on the propaganda thereof. (7)To hold at least 2 workshops (including panel discussions) on judicial investigation and review of environmental disputes. (8)To hold the seminars for environmental officials on dispute resolutions of nuisance matters. (9) To hold the seminars for judges and prosecutors to facilitate the appreciation and applications of environmental law and too promote the public consensus, so that improve the communications between administrative sectors and judicial organizations and eliminate the gap between the law-making and the law-applying sectors.
Keyword
public nuisance,protestors,environmental dispute resolution system
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