Recent Developments Surrounding State Litigation
Deregulation by administrative reform demands conversion from “a society with prior regulations through administration” to “a society with transparent and fair rules, and remedies by the judiciary”; justice system reforms are progressing.
As for state litigation, with respect to administrative lawsuits in particular, ever since the “Act for amendment to the Administrative Case Litigation Act”, which aimed to establish more effective relief procedures for the rights and interests of citizens, was enforced on April 1, 2005, new types of lawsuits have been filed actively utilizing the amended provisions of the Administrative Case Litigation Act; Corresponding to this development courts tend to take due regard of the objectives of the act when rendering their decisions.
In addition, among cases that have attracted the attention of society, some courts have severely criticized the government’s position in question, and the results of judgments have a significant social impact.
As for the Litigation Bureau’s part in providing legal expertise within the government, the Bureau responds to inquiries from government ministries and agencies on legal issues they have, and contributes to the proper resolution of legal issues and plays a significant role in preventing disputes by providing appropriate legal advice from a comprehensive perspective of the entire government. In the future, with the progression of deregulation, the Bureau is expected to play an active role in preventing legal disputes facing government ministries and agencies.
Therefore, as those playing a crucial role in the justice system in order to live up to the public's expectations and requests, we believe that it will become increasingly necessary for the Litigation Bureau to handle lawsuits in order to secure the principle of law-based administration and ensure the proper balance between the nation's interests and the rights and interests of each individual.
As for state litigation, with respect to administrative lawsuits in particular, ever since the “Act for amendment to the Administrative Case Litigation Act”, which aimed to establish more effective relief procedures for the rights and interests of citizens, was enforced on April 1, 2005, new types of lawsuits have been filed actively utilizing the amended provisions of the Administrative Case Litigation Act; Corresponding to this development courts tend to take due regard of the objectives of the act when rendering their decisions.
In addition, among cases that have attracted the attention of society, some courts have severely criticized the government’s position in question, and the results of judgments have a significant social impact.
As for the Litigation Bureau’s part in providing legal expertise within the government, the Bureau responds to inquiries from government ministries and agencies on legal issues they have, and contributes to the proper resolution of legal issues and plays a significant role in preventing disputes by providing appropriate legal advice from a comprehensive perspective of the entire government. In the future, with the progression of deregulation, the Bureau is expected to play an active role in preventing legal disputes facing government ministries and agencies.
Therefore, as those playing a crucial role in the justice system in order to live up to the public's expectations and requests, we believe that it will become increasingly necessary for the Litigation Bureau to handle lawsuits in order to secure the principle of law-based administration and ensure the proper balance between the nation's interests and the rights and interests of each individual.