2002 Fiscal Year Final Research Report Summary
Comparative Study on the Utility of the Contractual Administrative Methods in the Environmental, Land, Economic and Consumers' Laws
| Project/Area Number |
12420004
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| Research Category |
Grant-in-Aid for Scientific Research (B)
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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 | Hokkaido University |
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Principal Investigator |
WATARI Tadasu Hokkaido Univ., Grad. School of Law, Prof., 大学院・法学研究科, 教授 (30125695)
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| Co-Investigator(Kenkyū-buntansha) |
HIENUKI Toshifumi Hokkaido Univ., Grad. School of Law, Prof., 大学院・法学研究科, 教授 (70113610)
HATAKEYAMA Takemichi Hokkaido Univ., Grad. School of Law, Prof., 大学院・法学研究科, 教授 (40062666)
ATSUYA Jyoji Teikyo Univ., Faculty of Law, Prof., 法学部, 教授 (90222637)
MURAKAMI Hiroaki Hokkaido Univ., Grad. School of Law, Prof., 大学院・法学研究科, 教授 (20210015)
YOSHIDA Katsumi Hokkaido Univ., Grad. School of Law, Prof., 大学院・法学研究科, 教授 (20013021)
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| Project Period (FY) |
2000 – 2002
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| Keywords | Contractual Method / Public Interests / Administrative Contracts / Government Contracts / PFI / Social Assistance / Protection of the Wild Animals / Protection of the Private Informations |
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| Research Abstract |
First, concerning the division of various administratives contracts, there is on one hand the contracts which are concluded to provide the Administration with various material resources (Category A of the administrative contracts). There is on the other hand the contracts whiche are utilized to realize various administrative objectives coming into direct contact with the citizens (Category B of the administrative contracts). As the objectives of the administrative contracts in the Category B, we count the construction and the utilisation of various infrastructures, the provision of the public services, the protection of the environment etc.
Secondly, for the Government Contracts and the PFI (Private Finance Initiative), it is necessary to realize not only the fairness and the tranparency but also the quality of the things or services which are offered by the private corporations.
Thirdly, the PFI is pushed forward as the contractual method to leave to the private corporations the total process of the works from the design and construction of the infrastructure to its management and the provision of the public services. The PFI leave the contact with the citizens to the initiative of the private corporations. Additionally, the contractualisation and the marketisation are significant in the social assistance. This study shows that it is indispensble to make the total system for the protection of the rights of the citizens-users including the juridical relief at the same time to ralize the efficient administration by the private methode of management.
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