| Co-Investigator(Kenkyū-buntansha) |
UGA Katsuya The University of Tokyo, Graduate Schools for Law and Politics, Professor, 大学院・法学政治学研究科, 教授 (90114397)
ITO Yoichi The University of Tokyo, Graduate Schools for Law and Politics, Professor, 大学院・法学政治学研究科, 教授 (50201934)
SAITO Makoto The University of Tokyo, Graduate Schools for Law and Politics, Professor, 大学院・法学政治学研究科, 教授 (00186959)
YAMAMOTO Ryuji The University of Tokyo, Graduate Schools for Law and Politics, Professor, 大学院・法学政治学研究科, 教授 (70210573)
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| Research Abstract |
The Result of this research is divided into two phases, that is, the one before the Amendment of Administrative Litigation Law, made in 2004, and another one after that.
Firstly, in the phase before the Amendment, the Administrative Litigation System before the Amendment was analyzed and its problems were pointed out. Based on the results, the basic idea of Reform was presented and the points to be reformed were pointed out clearly. Furthermore, lines of the Reform were presented clearly by examining thoroughly some basic concepts such as "Forms of Action in Administrative Litigations" and by comparing with this Systems especially in Germany and EC. In the process of these works, Ichiro Ogawa's draft for the revision of his "Administrative Litigation Law", one of the most acknowledged textbooks on this System before the Reform, was digitized, made into a booklet, and distributed widely to those who concerned with the Reform for the use of the discussions for the Reform.
Secondly, the actual Reform of this System realized by the Amendment of Administrative Litigation Act was thoroughly examined from the point of views of its background, content and so on and the whole figure of the Reform was made clear. Furthermore, some topics, such as "Injunctions", "Provisional Measures" and so on were examined especially thoroughly and a clue for the use of new Forms of Action introduced by the Reform was presented by referring the use of such Forms in Germany. Additionally, the Influence of the Reform on Local Governments and on the field of Environmental Law was examined. Through these examinations, the meaning of the Amendment was made clear considerably, and lines of future use of amended Administrative Litigation Act were presented, but, at the same time, points to be discussed on further were presented.
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