A Study on the Correlation between Impartiality and Independence in Judicial Remedial Processes
| Project/Area Number |
25870506
|
|---|
| Research Category |
Grant-in-Aid for Young Scientists (B)
|
| Allocation Type | Multi-year Fund |
|---|
| Research Field |
Public law
Social law
|
|---|
| Research Institution | Fukuoka University (2014)
Sapporo Gakuin University (2013) |
|---|
Principal Investigator |
|
|---|
| Project Period (FY) |
2013-04-01 – 2015-03-31
|
| Project Status |
Completed (Fiscal Year 2014)
|
| Budget Amount *help |
¥1,950,000 (Direct Cost: ¥1,500,000、Indirect Cost: ¥450,000)
Fiscal Year 2014: ¥780,000 (Direct Cost: ¥600,000、Indirect Cost: ¥180,000)
Fiscal Year 2013: ¥1,170,000 (Direct Cost: ¥900,000、Indirect Cost: ¥270,000)
|
|---|
| Keywords | 社会保障の権利救済 / 積極的職権行使 / 審判所 / イギリス社会保障法 / 職権主義に代わる概念 / 権利救済機関の独立性 / 権利救済における当事者間の非対等性 |
|---|
| Outline of Final Research Achievements |
This study considers the way to make remedies in social security fairer. If citizens claim benefits and the state dismisses it, citizens can use administrative and judicial remedies. In these remedial processes, citizens short of resources and experiences must stand face to face with the state which has ample budget and resources. This situation, together with the adversarial procedures, has made it difficult to offer citizens fair and user-friendly remedies in social security in Japan.
Turning our eyes overseas, we soon notice England is one of the most experienced countries which has been dealing with the problem above for centuries. Their remedial system, Tribunal, has developed fair and user-friendly way through frequent reforms. Considering Tribunal's history from the viewpoints of independence from the administrative agencies and an inquisitorial procedure, we can get some implications to build fairer remedies in social security law in Japan.
|
Report
(3 results)
Research Products
(14 results)
