중국의 환경공익소송과 환경보호법정

• 영문명: China's Environmental Public Interest Litigation and Environmental Protection Tribunal
• 발행기관: 충북대학교 법학연구소
• 저자명: 로청석(Lu, qing xi)
• 간행물 정보: 『법학연구』第26卷 第1號, 457~473쪽, 전체 16쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2015.06.30

영문 초록

In China, serious environmental problems, improving of environmental awareness and growing of environmental rights proposition prompted the introduction of environmental public interest litigation and it has become a means of environmental rights relief. And by modifying the law, environmental public interest litigation is clear, by establishing environmental courts to hear environmental cases, environmental public interest litigation is tending to judicial specialization. Legal basis related to environmental public interest litigation is “Civil Law” Article 55, “Environmental Protection Law” Article 58. The above‐mentioned laws provide but don’t relax plaintiff qualification of environmental public interest litigation, only environmental groups have restrictive plaintiff qualification, it s not conducive to protecting the environment and relieving environmental rights. In addition, environmental courts set up across the country don’t have a unified standard, the local set up environmental courts just according to local needs, mostly located in the Primary Court, it is not conducive to solving environmental disputes. It is necessary to design environmental courts from the perspective of the Supreme Court, to regulate environmental court to hear environmental cases and resolve environmental disputes, to achieve the purpose of protecting the environment.

목차

Ⅰ. 환경공익소송의 법적 근거와 원고적격

Ⅱ. 환경보호법정(环保法庭)의 설립 및 관련된 문제들

Ⅲ. 사법실천중 존재하는 문제

Ⅳ. 개선방향

키워드

환경공익 환경분쟁 환경소송 환경보호법정 환경분쟁사건 Environmental Public Interest Environmental disputes Environmental Litigation Environmental Courts