Comparative Study on the Common Interests as Legal Interests and the Privatization of the Public Services in the Context of the Reconstitution of the Administrative Law Theory

第一，关于共同利益主体作为法律主体的认定问题，日本环境评价法虽然在很大程度上促进了对环境保护中共同利益的尊重，但从社会经济的角度出发，不承认共同利益主体对环境评价过程的参与，存在诸多不足。指出必须立法对共同利益进行程序性保护，克服一般利益对共同利益的吸收的思想。作为一个具体的例子，笔者选择了景观保护，并得出结论，我们必须构建舒适性保护的理念，景观保护法的制定将有助于保护个人的景观利益。第二，关于公共事务的委托或私人投资的私有化，因此，我们必须构建公用事业使用者权益保护的法律的体系。作为具体的例子，我选择了公立日托所的私有化和保护儿童及其父母的权利。我展示了在开始保留孩子时城市和父母之间达成的共识的法律效果，并得出结论，在废除公立日托所和将其私有化时，城市必须尽可能尊重这一共识。

First, concerning the recognition of the subject of the common interests as juridical subject, although the Japanese Environmental Assessment Law advanced largely the respect of the common interests in the environmental protection, there is on the other hand several insufficiencies because it not recognizes the participation to the assessment process from the social-economic point of view. I showed that we must legislate the procedural protection of the common interests and overcome the thought which recognizes the absorption of the common interests by the general interests. As a concrete example, I chose the landscape protection and concluded that we have to construct the idea of the amenity protection and that the settlement of the Landscape Protection Act will contribute to the protection of the landscape interests for the individuals.Secondly, concerning the privatization of the public affairs by the delegation or the PFI, we have to construct the legal system and find a way to protect the rights of the users of the public utilities. As concrete example, I chose the privatization of the public day nursery and the protection of the rights of the children and their parents. I showed the juridical effects of the consensus elaborated between the city and the parents at the time of the start to keep the children and concluded that the city must respect as most as possible this consensus at the time of the abolition and the privatization of the public day nursery.