A Comparative Study of the Administrative Remedy System and the reform in East Asia
| Project/Area Number |
18530022
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| Research Category |
Grant-in-Aid for Scientific Research (C)
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| Allocation Type | Single-year Grants |
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| Section | 一般 |
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| Research Field |
Public law
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| Research Institution | Kyushu University |
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Principal Investigator |
TANAKA Takao Kyushu University, Faculty of Law, Associate Professor (70404001)
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| Co-Investigator(Kenkyū-buntansha) |
KISA Sigeo Kyushu University, Faculty of Law, Professor (30122039)
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| Project Period (FY) |
2006 – 2007
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| Project Status |
Completed (Fiscal Year 2007)
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| Budget Amount *help |
¥2,350,000 (Direct Cost: ¥2,200,000、Indirect Cost: ¥150,000)
Fiscal Year 2007: ¥650,000 (Direct Cost: ¥500,000、Indirect Cost: ¥150,000)
Fiscal Year 2006: ¥1,700,000 (Direct Cost: ¥1,700,000)
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| Keywords | East Asia / Busan City's Legal management / Taiwan's Administrative Appeal Act / Reform of the Japanese Administrative Anneal Act / 行政指導の苦情申出 / 中国の行政復議制度 |
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| Research Abstract |
In Japan, the Administrative Litigation Law was reformed in April 2005, and the amendment of the Administrative Appeal Law is scheduled to be put on the agenda of the Diet in 2008.
This is a research study which aims to establish an ideal model for the reformation of these laws in Japan by comparing it with the Administrative Remedy Law in East Asia (Korea and Taiwan). Our study of the Japanese system focuses primarily on the practices of the Japanese local authority (we term the "local government").
The objective of this report is to first clarify and review the concept of the 'Administrative Remedy Law". In addition, we try to determine the extent of judicial power in Japanese local government and plan a system for Administrative Alternative Dispute Resolution in Japanese local government (AADR in local government).
During our research, it was revealed that neither the Administrative Litigation System nor the Administrative Appeal System was individually examined, and that the design of an all-encompassing system including the adjustment of claims in the administration is necessary. In order to establish ADR in local government, we attempt to design an all-inclusive organization which examines the process of administrative appeal. In the report, we also review the meaning and the issues involved in the reform of the Japanese Administrative Appeal Act scheduled in 2008 within the context of administrative practices in Japanese local government.
Following the above analyses, we outline comparative research on Korea and Taiwan. First, we look at the practice of Taiwan's Administrative Appeal Act. Second, we examine the management system of legal affairs in the Busan Metropolitan Government, Korea. Finally, from the comparison with these East Asian nations, we gain new insights into the ideal way to reform the Administrative Appeal Act in Japan and propose an ideal model for managing legal affairs in the local government in Japan.
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Report
(3 results)
Research Products
(20 results)
