2017 Fiscal Year Final Research Report
Relationship between Administrative Litigation and Civil Litigation
| Project/Area Number |
16K13318
|
|---|
| Research Category |
Grant-in-Aid for Challenging Exploratory Research
|
| Allocation Type | Multi-year Fund |
|---|
| Research Field |
Public law
|
|---|
| Research Institution | Nanzan University |
|---|
Principal Investigator |
|
|---|
| Co-Investigator(Kenkyū-buntansha) |
豊島 明子 南山大学, 法務研究科, 教授 (10293680)
小原 将照 南山大学, 法学部, 教授 (10337868)
渡邉 泰子 南山大学, 法学部, 講師 (40513578)
洞澤 秀雄 南山大学, 法学部, 准教授 (60382462)
石田 秀博 南山大学, 法務研究科, 教授 (70232311)
|
|---|
| Project Period (FY) |
2016-04-01 – 2018-03-31
|
| Keywords | 行政救済法 / 民事訴訟法 / 行政事件訴訟法 / 当事者訴訟 / 確認訴訟 / 給付訴訟 / 処分性 / 職権処分 |
|---|
| Outline of Final Research Achievements |
We have held the research meetings several times and we invited some professors and a lawyer for report.We examine the relationship between declaration as civil litigation and civil litigation for performance and consider the difference between administrative litigation and civil litigation. We think declaration as administrative litigation is allowed to be using widely regarding the effect of declaration as administrative litigation. In Atsugi base case (No. 4) administrative disposition has been disputed but we think the ground of administrative disposition is uncertain and using injunction as administrative litigation is difficult.In addition we have argued the relationship between declaration as administrative litigation, apply-type mandamus and non-apply-type mandamus and found the using non-apply-type mandamus is not easy and generally confirmed the need of the activation of the right to ask for explanation for the choice of litigation type.
|
| Free Research Field |
行政法学
|
