Studies on the Reform of Administrative Litigation System

本文的研究结果分为两个阶段，即2004年《行政诉讼法》修订前和修订后的两个阶段。首先，在修改前阶段，对修改前的行政诉讼制度进行了分析，指出了修改前的行政诉讼制度存在的问题。在此基础上，提出了改革的基本思路，并明确了改革的重点。此外，通过对“行政诉讼中的诉讼形式”等基本概念的深入研究，并与德国和欧共体的这一制度进行比较，明确了改革的路线。在这些工作的过程中，小川一郎所著的《行政诉讼法》修改稿，作为改革前最受认可的行政诉讼法教科书之一，被数字化，制作成小册子，广泛分发给关心改革的人，以供改革讨论之用。其次，从《行政诉讼法》修改的背景、内容等方面对我国实际实施的行政诉讼法制度改革进行了深入考察，明确了行政诉讼法改革的总体格局。此外，对诸如“禁令”、“临时措施”等问题进行了特别彻底的审查，并通过参考德国对这些形式的使用，提出了使用改革所提出的新行动形式的线索。此外，还研究了改革对地方政府和环境法领域的影响。通过这些审查，相当明确了《行政诉讼法修正案》的含义，提出了今后适用修订后的《行政诉讼法》的思路，同时也提出了有待进一步讨论的问题。

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.