2001 Fiscal Year Final Research Report Summary
A Study on Administrative Procedure and Information System from the Viewpoint of Right to Social Security
| Project/Area Number |
11620021
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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 | Nanzan University (2000-2001)
Kanazawa University (1999) |
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Principal Investigator |
OKADA Masanori Nanzan Univ., Faculty of Law, Professor, 法学部, 教授 (40203997)
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| Project Period (FY) |
1999 – 2000
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| Keywords | administrative procedure / social security / administrative litigation / reform of judicial system / object of administrative litigation / market failure / deregulation / social welfare service |
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| Research Abstract |
1. If administrative bodies would play its role in the social security by means of contract system of civil law, they must introduce not only those systems, in which they support the adequate supply of services by private sectors, supervise the quality of the services and eliminate the barriers against the beneficiary of services, give adequate information about the services, and help the beneficiary of services to bargain with these undertaking bodies, but also those procedural conditions of contracts, which take the characteristics of legal relation in social security into consideration.
2. A systematic statute of administrative procedure for social securities should be provided. Following points are elemental : estoppel-principle, notification of the detailed reason for the administrative decisions, inquiry into the matter, factfinding, duty of administrative agencies to advise about remedial procedures and to give information about the administrative decision, adjustment procedure in case of mistake of administrative decision (esp. overpayment of benefits etc.), and the advocate system in these procedures.
3. On the judicial reform I came to the following conclusions. (1) Although it is undoubtedly necessary for us to reform social security procedure and process system, questions with regard to this point are ignored in current discussions on judicial reform. (2) In reforming judicial system, we must take the characteristics of social security cases into consideration. (3) From the viewpoint of right to social security, it is very important to introduce a model action system and a wide-range judicial decision system, which is Corresponding to the administrative decisions with a long-term effect, into the Japanese administrative litigation system.
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