2009 Fiscal Year Final Research Report

The Study of the judicial execution of the administrative obligation

Research Project

Project/Area Number	20730021
Research Category	Grant-in-Aid for Young Scientists (B)
Allocation Type	Single-year Grants
Research Field	Public law
Research Institution	Hiroshima University
Principal Investigator	MATSUDO Hiroshi Hiroshima University, 大学院・法学研究科, 准教授 (30292189)
Project Period (FY)	2008 – 2009
Keywords	行政の実効性確保 / 行政強制 / 行政執行法 / 立法過程 / 司法権の限界
Research Abstract	This study reviews the present systems where japan takes judicial execution of the administrative obligation returning to the starting point of the system selection. And then it follows the trend of the theory afterwards and has aimed to clarify the meaning of the systems. Therefore, it attempts to clarify the reform process of the administrative execution system at the occupation period by the analysis of the historical materials and reviews Supreme court decision in 2002 that became a chance that the concern of this problem rises. And then it reexamines the theory of this decision.