Studies on the Reform of Administrative Litigation System
Studies on the Reform of Administrative Litigation System
批准号:
14520020
负责人:
KOBAYAKAWA Mitsuo
金额:
$1.34万
依托单位:
依托单位国家:
日本
项目类别:
Grant-in-Aid for Scientific Research (C)
财政年份:
2002
资助国家:
日本
项目状态:
已结题
起止时间:
2002 至 2004
中文摘要
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英文摘要
The Result of this research is divided into two phases, that is, the one before the Amendment of Administrative Litigation Law, made in 2004, and another one after that.Firstly, in the phase before the Amendment, the Administrative Litigation System before the Amendment was analyzed and its problems were pointed out. Based on the results, the basic idea of Reform was presented and the points to be reformed were pointed out clearly. Furthermore, lines of the Reform were presented clearly by examining thoroughly some basic concepts such as "Forms of Action in Administrative Litigations" and by comparing with this Systems especially in Germany and EC. In the process of these works, Ichiro Ogawa's draft for the revision of his "Administrative Litigation Law", one of the most acknowledged textbooks on this System before the Reform, was digitized, made into a booklet, and distributed widely to those who concerned with the Reform for the use of the discussions for the Reform.Secondly, the actual Reform of this System realized by the Amendment of Administrative Litigation Act was thoroughly examined from the point of views of its background, content and so on and the whole figure of the Reform was made clear. Furthermore, some topics, such as "Injunctions", "Provisional Measures" and so on were examined especially thoroughly and a clue for the use of new Forms of Action introduced by the Reform was presented by referring the use of such Forms in Germany. Additionally, the Influence of the Reform on Local Governments and on the field of Environmental Law was examined. Through these examinations, the meaning of the Amendment was made clear considerably, and lines of future use of amended Administrative Litigation Act were presented, but, at the same time, points to be discussed on further were presented.
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義務付け訴訟と仮の義務付け・差止めの活用のために(上)-ドイツ法の視点から
强制诉讼以及初步义务和禁令的运用(第1部分)——从德国法的角度
DOI:
--
发表时间:
2005
期刊:
自治研究 81巻4号
影响因子:
--
作者:
[小早川 光郎, 山本 隆司]
通讯作者:
山本 隆司
Mandamus and Preliminary Orders : in Comparion German Law(1)
履行职责和初步命令:德国法律比较(1)
DOI:
--
发表时间:
2005
期刊:
Journal for Local Autonomy 81.4
影响因子:
--
作者:
[YAMAMOTO, Ryuji]
通讯作者:
Ryuji
講演会・行政訴訟改革(連続公開講演会・司法制度改革のゆくえ・第8回)
讲座/行政诉讼改革(连续公开讲座/司法体制改革的未来/第8期)
DOI:
--
发表时间:
2004
期刊:
ジュリスト 1281
影响因子:
--
作者:
[園部逸夫, 小早川光郎]
通讯作者:
小早川光郎
ヨーロッパ法における取消訴訟改革の動向-私人原告の訴えの利益要件について-
欧洲法撤销程序改革趋势 - 关于私人原告诉讼的利润要求 -
DOI:
--
发表时间:
2004
期刊:
原田尚彦先生古稀記念=法治国家と行政訴訟
影响因子:
--
作者:
[Ito, Shuichiro, MASUI Yasuki, 宇賀 克也ほか, 伊藤修一郎, MASUI Yasuki, 伊藤 洋一]
通讯作者:
伊藤 洋一
Injunctions
禁令
DOI:
--
发表时间:
2004
期刊:
Commentary on the Amendment of the Administrative Litigation Law (edited by Mitsuo KOBAYAKAWA, Sigeru TAKAHASHI)
影响因子:
--
作者:
[YAMAMOTO, Ryuji]
通讯作者:
Ryuji
共 98 条
Theoretical and practical research on the reform of administrative litigation system
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批准号:18530017
-
项目类别:Grant-in-Aid for Scientific Research (C)
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资助金额:$1.61万
-
财政年份:2006
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负责人:KOBAYAKAWA Mitsuo
-
依托单位:
A Research of the Reform of the Governmental Structure
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批准号:12620019
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项目类别:Grant-in-Aid for Scientific Research (C)
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资助金额:$1.98万
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财政年份:2000
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负责人:KOBAYAKAWA Mitsuo
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依托单位:
Theoretical and practical Analysis concerning the Decentralization Return
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批准号:10620018
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项目类别:Grant-in-Aid for Scientific Research (C)
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资助金额:$1.66万
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财政年份:1998
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负责人:KOBAYAKAWA Mitsuo
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依托单位:
Study on the enforcement of the Administrative Procedire Law and administrative procedure and modern administrative procedure
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批准号:07302002
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项目类别:Grant-in-Aid for Scientific Research (B)
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资助金额:$3.26万
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财政年份:1995
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负责人:KOBAYAKAWA Mitsuo
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依托单位: