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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.
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盧靑錫 한국환경법학회 2004 環境法 硏究 Vol.26 No.1
It's few and far between that many countries in the world are interested in environment. Actually the history of human being's development are exploiting the nature and the human being also got publishment from the nature because of such development, For example, global warming, desertification, weather unusual changing and so on. China is a huge country, so the environmental pollution problems are different and complicated according to the different area. There are many environment problems happened before and also many new problems are breaking out now. But the protection of environment and the lawmaking were late in China. The Chinese government didn't attach great important to the environment pollution in 1970', even they established the criminal law in 1979, the contacts of environment crime were very feeble. With the development of economy, the environmental problem were getting more serious, even many illegal acts happened. but there were no criminal regulations to control, instead they used the executive regulations. Later the environmental lawmaking developed and some criminal regulations were made. For example, ≪the environmental protection law≫, ≪Wild animals protection law≫, ≪the mining resources law≫ etc. But most of the criminal clauses are abstractly and actually the performance are very difficult after all. In the middle of 1980', some scholars proposed to strengthen the environmental criminal lawmaking, that was to add technical articles about environment crime to criminal law. After 1990, the Chinese government brought in the market economy system. In the cause of only pursuing the economical profits and ignoring the protection of environment, the environment pollution were getting more serious and also brought a heavy loss to the property. To provide against such a problem, the government called many experts to researched in the subject of environmental crime and many scholars of the judical world also published many thesis and books on such a subject. Finally, the government added the charge of "destruction of environmental resources protection", Even though there are only 9 clauses about the charge, the legal basis of publishing environmental crime are prepared in China. Even China have established technical clause about environmental crime in Criminal law, it is the first practise after all and also they haven't covered a wide range. So China should fill up the shortages of establishing environmental crime regulation continually.
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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.
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