Chapter V Auxiliary Provisions
第五章 補則
Article 44Exclusion of Provisional Disposition
第四十四条(仮処分の排除)
No provisional disposition prescribed in the Civil Provisional Remedies Act (Act No. 91 of 1989) may be made with regard to an original administrative disposition or any other act constituting the exercise of public authority by an administrative authority.
行政庁の処分その他公権力の行使に当たる行為については、民事保全法(平成元年法律第九十一号)に規定する仮処分をすることができない。
Article 45Action over the Effect of Disposition
第四十五条(処分の効力等を争点とする訴訟)
Where the point at issue in an action concerning a legal relationship under private law is the existence or non-existence of or validity or invalidity of an original administrative disposition or administrative determination, the provisions of Article 23, paragraph (1) and paragraph (2), and Article 39 apply mutatis mutandis.
Where an administrative authority has intervened in an action pursuant to the provisions of the preceding paragraph, the provisions of Article 45, paragraph (1) and paragraph (2) of the Code of Civil Procedure apply mutatis mutandis; provided, however, that allegations and evidence that may be advanced are limited to those concerning the existence or non-existence of or validity or invalidity of the original administrative disposition or administrative determination.
When, after an administrative authority has intervened in an action pursuant to the provisions of paragraph (1), there is no longer a dispute over the existence or non-existence of or validity or invalidity of the original administrative disposition or administrative determination, the court may revoke the order of intervention.
In the case referred to in paragraph (1), the provisions of Article 23-2 and Article 24 apply mutatis mutandis to the point at issue, and the provisions of Article 35 apply to a judicial decision on the burden of court costs.
第四十六条(取消訴訟等の提起に関する事項の教示)
When an administrative authority makes an original administrative disposition or administrative determination against which an action for the revocation of an administrative disposition may be filed, it must inform the person to whom the original administrative disposition or administrative determination is addressed, in writing, of the following matters; provided, however, that this does not apply where the administrative authority makes that original administrative disposition orally:
the person who is to stand as a defendant in any action for the revocation of the administrative disposition against the original administrative disposition or administrative determination;
the statute of limitations for filing an action for the revocation of an administrative disposition on the original administrative disposition or administrative determination; and
if there are provisions in any law that no action for the revocation of the original administrative disposition may be filed until an administrative determination is made in response to a request for an administrative review of the original administrative disposition, those provisions.
Where an administrative authority makes an original administrative disposition which is subject to provisions in any law that an action for the revocation of an administrative disposition may be filed only against an administrative determination made in response to a request for an administrative review of that original administrative disposition, the administrative authority must inform the person to whom the original administrative disposition is addressed, in writing, of those provisions in the Act; provided, however, that this does not apply where the administrative authority makes the original administrative disposition orally.
Where an administrative authority makes an original administrative disposition or administrative determination against which an action relating to an original administrative disposition or administrative determination that confirms or creates a legal relationship between parties, wherein either party to the legal relationships stands as a defendant pursuant to the provisions of laws and regulations, may be filed, the administrative authority must inform the person to whom the original administrative disposition or administrative determination is addressed, in writing, of the following matters; provided, however, that this does not apply where the administrative authority makes the original administrative disposition orally:
the person who is to stand as a defendant in the action; and
当該訴訟の被告とすべき者
the statute of limitations for filing the action.
当該訴訟の出訴期間