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

点击翻译按钮获取中文摘要

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.