중국 행정소송법상 환경공익소송에 관한 연구

Chinese Administrative Litigation Law grants prosecution to have the right of accusation in order to realize the public interest of environmental conservation. Pursuant to the provisions of Article 25, Paragraph 4 of the Administrative Litigation Law the prosecution does not need to claim infringement of its own rights, but instead the prosecution needs to take certain measures if the natural environment is violated due to the actions or omissions of the administrative agency. And, if it is not implemented within a certain period, an environmental public interest lawsuit can be filed in the court to seek correction. Unlike ordinary citizens and social organizations, prosecutorial agency is the law enforcement agency, supervisory body for the rule of law administration of administrative agency. As the public interest representative, and has specialized knowledge and diverse experiences in legal knowledge and natural environment conservation, making it more effective than the general public. It is easy to file and carry out environmental public interest litigation. In addition, Chinese Administrative Litigation Law and the judicial interpretation of the hearing of environmental public interest cases by the Procuratorial Organs of the Supreme People's Court and the Supreme People's Procuratorate provide for the authority of the Procuratorial Organs to investigate evidence and the cooperation responsibilities of parties in administrative proceedings. In this way, the environmental public interest litigation system of Chinese Administrative Litigation Law is meaningful in that the prosecution agency monitors the enforcement of environmental laws by administrative agencies, and if necessary, the enforcement can be controlled through administrative litigation. In order to make up for the shortcoming of the subjective rights relief system for natural environment infringement that is not related to personal environmental interest infringement, Korea has been discussing the introduction of a class action system in environmental law. However, due to the opposition from the business community and the lack of legislative promoters, legislative work was forced to be interrupted. In this context, by introducing the background of the environmental public interest litigation system in Chinese Administrative Litigation Law, certifying standing to sue, and the process regulations of the trial procedure, this study seeks to provide implications for the introduction of the litigation system of the public interest environmental groups.