Status and Function of Litigation Types in Administrative Procedure Law of Japan
Wang Dan-hon
Abstract
Wang Dan-hon
Abstract
Forming types in administrative procedure is one of the important tendencies in contemporary administrative procedure system. Administrative Procedure Law of Japan is the typical one which makes the litigation types legal. Taking the litigation types as outline, the different litigation regular procedure as item, it constructs the structural system of the administrative procedure law, which is advantageous for determining the case-accepting scope through conforming all litigation types organically and well establishing different litigation regular procedures based on different litigation types. Although this kind of legislation technology has advantages as well as disadvantages, and some new problems and arguments have appeared in some countries after they adopted the litigation types, it still has its rationality and model significance.
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Forming types in administrative procedure is one of the important tendencies in contemporary administrative procedure system. Administrative Procedure Law of Japan is the typical one which makes the litigation types legal. Taking the litigation types as outline, the different litigation regular procedure as item, it constructs the structural system of the administrative procedure law, which is advantageous for determining the case-accepting scope through conforming all litigation types organically and well establishing different litigation regular procedures based on different litigation types. Although this kind of legislation technology has advantages as well as disadvantages, and some new problems and arguments have appeared in some countries after they adopted the litigation types, it still has its rationality and model significance.
Key concepts: Scope (computer science), Law, Legislation, Rationality, Function (biology), Business, Political science, Computer science