The nature of the new administrative actions in Japan and their subject-matter
| Project/Area Number |
24530021
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| Research Category |
Grant-in-Aid for Scientific Research (C)
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| Allocation Type | Multi-year Fund |
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| Section | 一般 |
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| Research Field |
Public law
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| Research Institution | Niigata University |
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Principal Investigator |
ISHIZAKI SEIYA 新潟大学, 人文社会・教育科学系, 教授 (20159718)
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| Project Period (FY) |
2012-04-01 – 2016-03-31
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| Project Status |
Completed (Fiscal Year 2015)
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| Budget Amount *help |
¥2,470,000 (Direct Cost: ¥1,900,000、Indirect Cost: ¥570,000)
Fiscal Year 2014: ¥1,040,000 (Direct Cost: ¥800,000、Indirect Cost: ¥240,000)
Fiscal Year 2013: ¥780,000 (Direct Cost: ¥600,000、Indirect Cost: ¥180,000)
Fiscal Year 2012: ¥650,000 (Direct Cost: ¥500,000、Indirect Cost: ¥150,000)
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| Keywords | 抗告訴訟 / 取消訴訟 / 義務付け訴訟 / 差止め訴訟 / 訴訟物 / 既判力 / 確認訴訟 / 形成訴訟 / 行政裁判所 / 行政処分 / 行政訴訟 / ドイツ行政法学 / ドイツ行政法 |
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| Outline of Final Research Achievements |
In 2004, the obligation lawsuit and the action for injunction against an administrative act were introduced in Japan by the law amendment. But until now there is no common understanding about the nature and the subject-matter of these new types of action. After researching this problem based on the development of theory and case-law in Japan concerning the action for the revocation of administrative disposition, I have achieved the following result:
The subject-matter of the actions for the revocation of administrative dispositions is according to the prevailing view only the illegality of the administrative act and the challenge claim is not required to revoke an administrative act. The subject-matte of the obligation lawsuit and injunction may be the same as the illegality of inaction or issuance of an administrative act. The concept of a right is also not necessary. Thus we can get the common understanding of nature and the subject-matter of three types of administrative actions.
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Report
(5 results)
Research Products
(3 results)
