2015 Fiscal Year Final Research Report
A comprative study on the austrian security-police code.
| Project/Area Number |
25380045
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| Research Category |
Grant-in-Aid for Scientific Research (C)
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| Allocation Type | Multi-year Fund |
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| Section | 一般 |
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| Research Field |
Public law
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| Research Institution | Meiji University |
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Principal Investigator |
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| Project Period (FY) |
2013-04-01 – 2016-03-31
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| Keywords | 警察法 / 行政事件訴訟 / 行政処分 / 公権力の行使に当たる行為 / 行政庁的直接的命令権・強制権 / 諮問機関 / 単純高権的事実行為 / オンブズマン |
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| Outline of Final Research Achievements |
Policing activities have huge influence on human rights. So they must be governed fully by law. At this point our police law system without constitutional background is insufficient. On the contrary Austria, under the strict principle of rule of law in Federal Constitution, enacts its Security Police Code that binds all the activity, must be a model legislation for us. From this assumption,this study proved the followings are significant. First,the development of the Ombudsman Board, which restructures itself by merging the Human Rights Advisory Council and its subordinate Commissions, which visit police institutions, detention facilities etc.regularly and spontaneously for the prevention of the violation to the fundamental freedom. The HRAC and Commissions were deprived from the Ministry of Interior. Secondly, besides administrative decision and authoritative conduct,the SPC stipulates the real act of police executives that enjoys a remedy at the administrative jurisdiction.
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| Free Research Field |
行政法 警察法 オーストリア公法
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