Administrative Case Litigation Act
行政事件訴訟法
Contents
Read it chapter by chapter; the first chapter follows below. Or read the whole law on one page.
- Chapter I General Provisions第一章 総則Articles 1–7 · 7
- Chapter II Actions for the Judicial Review of Administrative Dispositions第二章 抗告訴訟Articles 8–38 · 36
- Chapter III Public Law-Related Actions第三章 当事者訴訟Articles 39–41 · 3
- Chapter IV Citizen Actions and Interagency Actions第四章 民衆訴訟及び機関訴訟Articles 42–43 · 2
- Chapter V Auxiliary Provisions第五章 補則Articles 44–46 · 3
Chapter I General Provisions
第一章 総則
第一条(この法律の趣旨)
Administrative case litigation is governed by the provisions of this Act, except as otherwise provided by other laws.
行政事件訴訟については、他の法律に特別の定めがある場合を除くほか、この法律の定めるところによる。
Article 2Administrative Case Litigation
第二条(行政事件訴訟)
The term "administrative case litigation" as used in this Act means actions for the judicial review of administrative dispositions, public law-related actions, citizen actions and interagency actions.
The term "action for the judicial review of an administrative disposition" as used in this Act means an action to appeal against the exercise of public authority by an administrative authority.
この法律において「抗告訴訟」とは、行政庁の公権力の行使に関する不服の訴訟をいう。
The term "action for the revocation of the original administrative disposition" as used in this Act means an action seeking the revocation of an original administrative disposition and any other act constituting the exercise of public authority by an administrative authority (excluding an administrative determination, decision or any other act prescribed in the following paragraph; hereinafter simply referred to as an "original administrative disposition").
この法律において「処分の取消しの訴え」とは、行政庁の処分その他公権力の行使に当たる行為(次項に規定する裁決、決定その他の行為を除く。以下単に「処分」という。)の取消しを求める訴訟をいう。
The term "action for the revocation of an administrative determination" as used in this Act means an action for the revocation of an administrative determination, decision or any other act by an administrative authority in response to a request for an administrative review and any other appeal (hereinafter simply referred to as a "request for an administrative review") (hereinafter simply referred to as an "administrative determination").
この法律において「裁決の取消しの訴え」とは、審査請求その他の不服申立て(以下単に「審査請求」という。)に対する行政庁の裁決、決定その他の行為(以下単に「裁決」という。)の取消しを求める訴訟をいう。
The term "action for the declaration of nullity, etc." as used in this Act means an action seeking the declaration of the existence or non-existence of or validity or invalidity of an original administrative disposition or administrative determination.
The term "action for the declaration of illegality of inaction" as used in this Act means an action seeking the declaration of illegality of an administrative authority's failure to make an original administrative disposition or an administrative determination which it should make within a reasonable period of time in response to an application filed under laws and regulations.
The term "mandamus action" as used in this Act means an action seeking an order to the effect that an administrative authority should make an original administrative disposition or an administrative determination in the following cases:
where the administrative authority has not made a certain original administrative disposition which it should make (excluding the case set forth in the following item);
where an application or request for administrative review has been filed or made under laws and regulations to request that the administrative authority make a certain original administrative disposition or administrative determination, but the administrative authority has not made the original administrative disposition or administrative determination which it should make.
The term "action for an injunctive order" as used in this Act means an action seeking an order, in cases where an administrative authority is about to make a certain original administrative disposition or administrative determination which it should not make, to the effect that the administrative authority should not make the original administrative disposition or administrative determination.
Article 4Public Law-Related Actions
第四条(当事者訴訟)
The term "public law-related action" as used in this Act means an action relating to an original administrative disposition or administrative determination in which a legal relationship between parties is confirmed or created, and either party to the legal relationship stands as a defendant pursuant to the provisions of laws and regulations, an action for a declaratory judgment on a legal relationship under public law and any other action relating to a legal relationship under public law.
第五条(民衆訴訟)
The term "citizen action" as used in this Act means an action seeking correction of an act conducted by an agency of the State or of a public entity which does not conform to laws, regulations, and rules, which is filed by a person based on their status as a voter or any other status that is irrelevant to their legal interest.
この法律において「民衆訴訟」とは、国又は公共団体の機関の法規に適合しない行為の是正を求める訴訟で、選挙人たる資格その他自己の法律上の利益にかかわらない資格で提起するものをいう。
第六条(機関訴訟)
The term "interagency action" as used in this Act means an action relating to a dispute between agencies of the State and/or a public entity(ies) over issues concerning which of these agencies has the power, or the exercise thereof.
この法律において「機関訴訟」とは、国又は公共団体の機関相互間における権限の存否又はその行使に関する紛争についての訴訟をいう。
Article 7Matters Not Provided for in This Act
第七条(この法律に定めがない事項)
Any matters concerning administrative case litigation which are not provided for in this Act are governed by the provisions on civil actions.
行政事件訴訟に関し、この法律に定めがない事項については、民事訴訟の例による。