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노청석,최동일 한국환경법학회 2004 環境法 硏究 Vol.26 No.3
This is a study on the Act on the Control of Solid Wastes of China. An outlines of this study is as follows : China is called as ‘factory of the world’ lately due to economy development which is caused by reform and opening policy, practical economy policy. In economy development process, China government is getting into trouble about the control of solid wastes. Developing Cities yield refuses of life, industrial wastes, dangerous wastes. Its disposal is connected directly with cities' survival. In order to solve this problem, Government have established 'Act on the Control of Solid Wastes' which is fundamental Act on solid wastes disposal in 1995, and 'Interim regulation on the Environment Protection Control of Waste Import', 'Regulation on the Control of Medical Waste', 'Measures on the Control of City's Radiation', 'Act on the Control of Radiation Pollution', 'Measures on the Control of Medical Instrument and Waste' and so on. These statutory laws adopted 'reclamation' as a main disposal means, but will adopt 'incineration' in future. And special provisions have been established for dangerous wastes and radiation wastes. Government will expand investment in this part. But most important policy is prior protection. We must make an effort to reduce a waste and recycle for sound and sustainable development.
노청석 한중법학회 2008 中國法硏究 Vol.10 No.-
Procedure for trial supervision is the procedure of retrial of the cases that has been judged, ruled or mediated and put on trail by the People's Court. It is a special trial supervision procedure. In addition to a small number of retrials proposed by procuratorial organs and superior courts or this court, most cases of trial supervision are for the retrials applied by the parties, therefore, it includes two procedures : rechecking procedure of application for civil retial and trial procedure. In judicial practice, the simplicity and imperfection of the procedural law in China resulted in the vacuum of legislative for retrial procedure, which leads the blind spots in the review procedure. The problems on the proceeding and operation of retrial, also lead to the difficulty of application for retrial and low efficiency for review on one hand, and embarrassing situation of unlimited retrial on the other hand. As a result, the authority of the courts' judgments, the solemnity of the law are weakened.The procedure for trial supervision in new Civil Procedure Law was revised mainly in four aspects: clarify the application for retrial to the superior courts; further make concrete analysis on retrial causes; explicitly stipulate the review procedure and time limit of retrial; and prolong the time limit of special retrial cases for applications. This amendment is an appropriate way to solve the problem on the difficulty of application, and laid the foundation for solving the problems on the difficulties for appeals.
중국행정소송에서의 이지교차재판(異地交叉裁判)에 관한 연구
노청석 ( Qing Xi Lu ) 연세대학교 법학연구원 2009 法學硏究 Vol.19 No.1
Off-site trial in administrative litigation refers to the procedure cases which are not appropriate to be adjudged by the courts which have the jurisdiction are exercised jurisdiction by superior court or the courts without jurisdiction but appointed by the superior courts. Its purpose is to protect the citizens` rights of action effectively and avoid the local and departmental protectionism. The judicial interpretation of Regulations of Issues on Jurisdiction of Administrative Cases was formally announced on January 4th by the Supreme People`s Court and was come into force on February 1st. It will have a far-reaching impact on the development of Chinese administrative trials and the improvement of administrative litigation system. This interpretation clear that the Intermediate People`s Court will have the jurisdiction of the administrative cases which the country governments are defendants to increase the citizens` rights to choose the right courts. It also promotes the reform of administrative litigation system and raises the judicial justice. However, it has some problems such as non-implementation of off-sites and expense increase of litigation, which will be gradually solved in the further justice practice and reform. The off-site trial should not become a system, which will be contrary to the original purpose of Administrative Procedure Law and will disarrange the general jurisdiction of administrative litigation system.
盧靑錫(Lu Qingxi),司英傑(Si Yingjie) 한국법학원 2010 저스티스 Vol.- No.116
2005년 10월, 최고인민법원에서 공포한 “인민법원제2차5년개혁요강(2004-2008)” 제13조에 “안례지도제도(案例指導制度)를 신설하고 완비하여 지도성안례의 법적용에서의 통일기준, 하급법원의 재판업무를 지도, 법학이론을 발전하는 역할 등을 중시하여야 한다. 최고인민법원은 안례지도제도의 규범성문서, 지도성안례의 선택기준, 선택절차, 공포방식, 지도규칙 등을 규정하여야 한다”고 규정을 하여 최고인민법원에서 정식문서의 형식으로 사법개혁의 하나로 안례지도제도의 도입을 확고히 하였다. On october 26, 2005, supreme people’s court promulated “People’s Courts’ Second FiveYear Reform Program(2004 2008)” containing as many as 50 reform tasks . Its 13th task provided: “establish and improve the case guidance system , attach importance to guiding cases’ function in unifying standard of application of law , guiding trials of lower court , enriching and developing the legal theory and so on. Supreme people’s court lays down the regulatory documents with ragard to the case guidance system, proclaims the compiling standard , compiling procedure , issuing method and directing rules of guiding cases”. Which made it clear that china was to establish “the case guidance sysytem”. This system was consistent with china’s situation and was different with the case law countries.