Temporal Regulation of Administrative Disposition --- Aim at Continuous Legal Remedies in Administrative Process and Administrative Litigation

2016 Fiscal Year Final Research Report

• Project/Area Number: 15H06495
• Research Category: Grant-in-Aid for Research Activity Start-up
• Allocation Type: Single-year Grants
• Research Field: Public law
• Research Institution: Saga University
• Principal Investigator: KODAMA Hiroshi 佐賀大学, 経済学部, 准教授 (30758058)
• Project Period (FY): 2015-08-28 – 2017-03-31
• Keywords: 公法学 / ドイツ行政法学 / 行政行為論 / 行政手続論 / 行政訴訟論 / 行政手続の再開 / 義務付け訴訟 / 継続的権利救済

Outline of Final Research Achievements

This research is based on the overall concept of "continuous legal remedies regarding administrative disposition", and constructs a theory that ensures the stability and continuity of administration, while effectively guarantees citizens' rights. More specifically, by comparing the experience of German administrative law which is regarded as the parental law of Japanese administrative law, as well as demonstrating the possibility of "resumption of administrative procedures" in administrative process and "mandamus action" in administrative litigation, this research has made clear that continuous, effective and dynamic legal remedies, rather than the temporary and static ones, could be materialized.

Free Research Field

行政法学