The nature of the new administrative actions in Japan and their subject-matter

2015 Fiscal Year Final Research Report

• Project/Area Number: 24530021
• Research Category: Grant-in-Aid for Scientific Research (C)
• Allocation Type: Multi-year Fund
• Section: 一般
• Research Field: Public law
• Research Institution: Niigata University
• Principal Investigator: ISHIZAKI SEIYA 新潟大学, 人文社会・教育科学系, 教授 (20159718)
• Project Period (FY): 2012-04-01 – 2016-03-31
• Keywords: 抗告訴訟 / 取消訴訟 / 義務付け訴訟 / 差止め訴訟 / 訴訟物 / 既判力 / 確認訴訟 / 形成訴訟

Outline of Final Research Achievements

In 2004, the obligation lawsuit and the action for injunction against an administrative act were introduced in Japan by the law amendment. But until now there is no common understanding about the nature and the subject-matter of these new types of action. After researching this problem based on the development of theory and case-law in Japan concerning the action for the revocation of administrative disposition, I have achieved the following result:
The subject-matter of the actions for the revocation of administrative dispositions is according to the prevailing view only the illegality of the administrative act and the challenge claim is not required to revoke an administrative act. The subject-matte of the obligation lawsuit and injunction may be the same as the illegality of inaction or issuance of an administrative act. The concept of a right is also not necessary. Thus we can get the common understanding of nature and the subject-matter of three types of administrative actions.

Free Research Field

行政法