Contents of Litigation

“Litigation” refers to making or proving a claim in court. When disputes involve governmental actions or interests, the state has the right to ensure that it’s point of view is adequately represented. In the context a “dispute” is a specific legal dispute between the parties resolved in a court. There are two types of disputes: civil disputes and administrative disputes. The specific cases related to these disputes are called litigation cases, and the work related to their administration is called litigation work.

Civil disputes are cases heard in accordance with the procedures stipulated in the Code of Civil Procedure, based on private causes of action such as the Civil Code and State Redress Act. These include lawsuits for claiming damages from the state because of the misconduct of civil servants, and litigation to confirm the ownership of state-owned land and buildings.

Administrative disputes are cases heard in accordance with the procedures of the Administrative Case Litigation Act, based on administrative statutes and regulations, such as lawsuits demanding the cancellation or invalidation of administrative actions, and lawsuits demanding the suspension of administration actions. These include lawsuits requesting the cancellation of the administrative approval of construction of a dam or city planning, and lawsuits requesting reversal of taxation. For the number of lawsuits, please see “Ministry of Justice statistics (Litigation Case Statistics)”