New Types of Litigation in Japanese Administrative Litigation Law:Litigation of Burden of Commitment
Wang Dan-hong
Abstract
Wang Dan-hong
Abstract
Litigation of burden of commitment,which has been in debate in Japan for over 40 years,is legal through amendment to the Japanese administrative litigation law at last.The main theoretical problem involved in the debates is how to deal with the relationship between the jurisdiction power and administrative power,and the key point is the so called respect for the premier decision of executive bureau.The types of the litigation of burden of commitment,important conditions of actions and recoveries,the forms of judgments are stipulated in the newly amended Japanese administrative litigation law and perfection of Chinese administrative procedure.
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Litigation of burden of commitment,which has been in debate in Japan for over 40 years,is legal through amendment to the Japanese administrative litigation law at last.The main theoretical problem involved in the debates is how to deal with the relationship between the jurisdiction power and administrative power,and the key point is the so called respect for the premier decision of executive bureau.The types of the litigation of burden of commitment,important conditions of actions and recoveries,the forms of judgments are stipulated in the newly amended Japanese administrative litigation law and perfection of Chinese administrative procedure.
Key concepts: Jurisdiction, Law, Administrative law, Business, Power (physics), Executive branch, Executive power, Point (geometry)