Abstract
There are many studies in which some researchers mentioned what kind of role the Japanese administrative litigation system played in each times up to now. However, there are very few studies that considered it systematically.
This study tries to reconsider the administrative litigation systems on the basis of legislative process and law interpretation.
As for Japanese administrative litigation systems, this study is to examine how it was separated from the authority of the judicial power and was incorporated in the administrative power at last by the prominent administrative power in the Meiji era through legislative process. The Japanese administrative litigation system started in the process of a judicial reform of ETO (Minister of Justice). Therefore, the administrative litigation system that the judicial power aimed at the first stage had the contents which very strongly relieved the people. The first administrative litigation case was the suit by ONOGUMI (Business Campany) to move from Kyoto to Tokyo.
In this case, the jurisdiction was moved from Kyoto court to Ministry of justice's special court, and it was over when the detention of MAKIMURA (Vice Governor of Kyoto Prefecture) was canceled by the special order as the influence of the political struggle of the 6th year of Meiji.
In the next year the order of Ministry of Justice No.24 was enforced. It was made public that the administrative litigation system belonged to the jurisdiction of the judicial court by this order. However, as for the administrative litigation, the decision by the Japanese supreme organization: DAJOUKAN was always requested. The government submitted a draft of regulation to the legislature in order to remove the check of the judicial power as the administrative litigation cases happened frequently since the enforcement of the order No.24. However, the regulation's draft was withdrawn at last because most of lawmakers rejected it. The government interfered in the judicial court which dealt with an administrative litigation case, by enforcing the new laws and regulations gradually. In addition to it, the government strengthened the administrative power by the establishment of the examination research organization: SANJIIN (Japanese Conseil d'Etat) or the establishment of Cabinet Legislation Bureau.
In the 23rd year of Meiji, the government succeeded in establishing the administrative litigation's court and law at last. I have tried to clarify the process and the actual situation in which the government acquired the discretionary power to achieve the centralization of authority through formation process of Japanese administrative litigation system in this study.
