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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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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