| Budget Amount *help |
¥2,100,000 (Direct Cost: ¥2,100,000)
Fiscal Year 1991: ¥600,000 (Direct Cost: ¥600,000)
Fiscal Year 1990: ¥1,500,000 (Direct Cost: ¥1,500,000)
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| Research Abstract |
In 1990 and 1991, in order to explore the conditions necessary for the more effective functioning of Japan's system of administrative remedies, I conducted both questionnaire and field surverys concerning the actual state of the rule of law in Japan and Germany. Over those two years, I conducted research at as many as sixty institutions of various types in Germany, including universities, courts, think tanks, administrative organs and political parties policy institutions. Based upon comparison with the results of surveys undertaken in Japan, it became clear that there are extreme differences in the current state of the rule of law, and conceptions thereof, in both countries.
One of the reasons for these differences may lie in the special characteristics, which have been noted by some observers, of Japan's legal consciousness generally. It was my observation, however, that there are more fundamental causes related specifically to the system of administrative relief. In particular, syste
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ms and practice in Japan with respect to the education and training of public servants, administrative review of complaints, the management of administrative documents, and the rendering of decisions in the bureaucracy are considerably different from those of the advanced nations of Europe and Amecica.
Within the framework of this topic, I also carried out a comprehensivehistorical study of the development of Garmay's system of administrative remedies over the previous several decades.
Over the course of this research I visited an extremely large number of institutions and collected a correspondingly large quantity of material, to the extent that it was not possible to complete a full analysis during the allotted two year period. As my comparative study of Germany proceeded, it became necessary also to make comparisons with the systems of administrative remedies of other advanced nations, particularly Japan's Asian neighbors. This also served to delay this research project.
In 1994, however, as one result of described research, I wrote a scholarly article which is a comprehensive overview of this area entitled, "The Japanese System of Administrative Remedies : Its Current State and Directions for Reform". The scope of the article extends to the situations in other Asian nations, while focussing upon the critical state of Japan's system of administrative remedies and its causes, and offering comprehensive suggestions for its reform and improvement. I plan to continue comparative study between Japan and Germany with respect these topics in future. Less
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