The control of risks due to transactional relationship and the private law order

2017 Fiscal Year Final Research Report

• Project/Area Number: 26380026
• Research Category: Grant-in-Aid for Scientific Research (C)
• Allocation Type: Multi-year Fund
• Section: 一般
• Research Field: Public law
• Research Institution: University of Tsukuba
• Principal Investigator: Hino Tatsuya 筑波大学, ビジネスサイエンス系, 准教授 (90431428)
• Project Period (FY): 2014-04-01 – 2018-03-31
• Keywords: 競争法 / 経済行政法 / 市場競争 / 警察法 / 原子力安全 / 比例原則 / 考慮事項

Outline of Final Research Achievements

Following the progress of deregulation and privatization in industrialized countries, the penetration of private laws in administrative law has not taken place so far. For example, in France, which is one of the EU constituent countries, the transformation of the administrative law has been revealed, following the progress of the competition law in the EU (formerly EC). That is, "abuse of dominant position" was taken in as a part of the proportional principle in the field of police law, which was thought not to be related to the competition law, to raise the control density for administrative discretion. Thus, the progress of deregulation / privatization has led to the emergence of a unique legal domain called "economic public law" which has a big impact on existing administrative laws.

Free Research Field

公法，行政法