A Historical Study on Administrative Litigation System in Japan
Project/Area Number |
23530042
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Research Category |
Grant-in-Aid for Scientific Research (C)
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Allocation Type | Multi-year Fund |
Section | 一般 |
Research Field |
Public law
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Research Institution | Waseda University |
Principal Investigator |
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Project Period (FY) |
2011 – 2013
|
Project Status |
Completed (Fiscal Year 2013)
|
Budget Amount *help |
¥3,120,000 (Direct Cost: ¥2,400,000、Indirect Cost: ¥720,000)
Fiscal Year 2013: ¥910,000 (Direct Cost: ¥700,000、Indirect Cost: ¥210,000)
Fiscal Year 2012: ¥1,170,000 (Direct Cost: ¥900,000、Indirect Cost: ¥270,000)
Fiscal Year 2011: ¥1,040,000 (Direct Cost: ¥800,000、Indirect Cost: ¥240,000)
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Keywords | 国家賠償法 / 行政裁判法 / 行政裁判所 / 裁判所構成法 / 国家無答責 / 国の不法行為責任 / 公権力の行使 / 行政処分 |
Research Abstract |
I published a book "State's Tort Liability and Conceptual History of Public Power" (2013) and made a presentation, "Modern States, Citizenship, and the Nation: Historical Development of the State Redress System in Japan" at 2013 International Meeting of Law and Society Association in Boston (on May 31. 2013). It seems to me that legal concepts especially in East Asian Law have various origins and therefore they are not always consistent. For example the concept of "administrative action (gyousei-shobun)" in Japan, which is the almost same concept of "exercise of public power", has two origins: "acte administratif" from France and "Verwaltungsakt" from Germany. Today two origins of this concept bring various contradictions to Japanese administrative law. We need to analyze carefully this kind of patchwork legal system.
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Report
(4 results)
Research Products
(39 results)