중국 환경행정공익소송에서 환경NGO의 원고적격- 환경 NGO의 역할과 성장에 따른 중국 행정소송법상 개선방안을 중심으로 -

Abstract

As a problem of air pollution due to industrialization emerges as a serious social issue in China, a case of environmental dispute is growing. This rise in a case of environmental dispute may be accredited even to a change in people's perception of trying to pursue the quality of life according to economic development. But the growth in environmental NGO, which is speaking for the public benefit, is also analyzed to be the important cause. However, compared to a case of environmental dispute that is actually accepted by the court, the case number of being received even the context judgment of principal matter is prominently small. This is because of the eligibility rule on the legal entity that files the Public Environmental Litigation. The Chinese government tried to expand the width of the lawsuit relief through revising the regulation for solving this problem. Though, the Administrative Litigation Act, which addresses an environmental issue, still has an insufficient section in light of legal system in that a law system needs to be arranged in order to be available for performing the objective and public legal function rather than relieving an individual's subjective rights and interests, and in that the proactive prevention must be emphasized rather than the posterior relief for a reason of the extensiveness in environmental invasion, of the seriousness in damage, and of the difficulty in investigating a cause in light of environmental issue. In other words, there are many general people who do not know even a fact of environmental violation amidst daily life. Even if recognizing a fact of environment intrusion, it is often happened a case of not filing a lawsuit with sitting by and watching the illegal act of the administrative agency because damage itself is a small sum of money. And in order for people to be guaranteed a right to live in pleasant environment, a lawsuit needs to be brought that demands crackdown and regulation for preventing the infringement of environment that becomes the basis. Still, there are many cases of having a realistic burden for an individual to directly file a lawsuit. To protect this public interest, the regulation in light of the Administrative Litigation Act should be arranged so that a lawsuit can be filed even by environmental organization, which has not direct interests. For this, the aim here is to consider an implication and an improvement plan through a comparative research method after understanding the reality of the environmental administrative public-interest litigation system in China through the introduction process of China's public environmental litigation system, and the process in a role and growth of environmental NGO, and then after examining a problem about the legislation of the Administrative Litigation Act for acknowledging the standing of environmental NGO. In addition, even the attitude that the Chinese government and the environmental NGO should have is examined for the stable enforcement of the relevant regulation.