2016 Fiscal Year Final Research Report
Various dimensions of uniform dispute resolution
| Project/Area Number |
15K21375
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| Research Category |
Grant-in-Aid for Young Scientists (B)
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| Allocation Type | Multi-year Fund |
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| Research Field |
Public law
Civil law
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| Research Institution | Seikei University |
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Principal Investigator |
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| Project Period (FY) |
2015-04-01 – 2017-03-31
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| Keywords | 対世効 / 第三者効 / 第三者再審 / 取消判決 / 形成訴訟 / 形成判決 / 形成力 / 必要的参加 |
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| Outline of Final Research Achievements |
Generally speaking,administrative law suits demand to be solved uniformly.In Japanese Administrative Process Act, there are two important systems for this uniform dispute resolution, that is, erga omnes effect of judgement and tierce opposition. However, these two systems are too restrictive to achieve their goals, and furthermore, it is not clear what or which elements require the uniform resolution of administrative dispute. In this research I've struggled with these fundamental problems through the analysis of civil law cases and the comparative approach especially to German law. As a result, I've clarified the problems of modern Japanese law more precisely and made some suggestions how to improve Japanese law and system in this theme.
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| Free Research Field |
行政法、民事訴訟法
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