法学部Faculty of Law

　　This course is designed to help you learn meaning and legal controls of some acts performed by the executive agencies (hereinafter the executive agencies’ acts are simply referred to as ’acts’), especially focusing on (1) acts which may be done for a purpose of ensuring that a particular administrative objective should be achieved (hereinafter these acts are referred to as 'Measures for Ensuring Administrative Efficacy'), (2) 'Gyousei Keiyaku', (3) Administrative Guidance, (4) Administrative Plan (Administrative Planning), and (5) Administrative Investigation. It is also designed to study (6) the Act on Access to Information Held by Administrative Organs [the executive agencies], (7) the Act on the Protection of Personal Information (especially management systems of personal information which systems are set up on personal information held by public sector and are applied to them), and (8) the Public Records and Archives Management Act (particularly management systems of Administrative Documents).
　　As to (1), typical examples of Measures for Ensuring Administrative Efficacy are (a) a measure which is laid down in the Act on Substitute Execution by Administration 1948 (c.48) and (b) measures which are provided in the National Tax Collection Act 1959 (c.147). A measure, laid down in the Act 1948, may be employed by executive agencies in order to fulfil an 'individual administrative obligation' (which is imposed by administrative law or acts) on behalf of the individual. Measures, enacted by the Act 1959, may be implemented by executive agencies so as to collect national tax arrears. Besides (a) and (b) above, there are other important Measures for Ensuring Administrative Efficacy to know. 'Sokuji Kyousei' is not Measures for Ensuring Administrative Efficacy, but in this course it is taken up together with them. 'Sokuji Kyousei' is common to a measure (measures) laid down in the Act 1948 and the Act 1959 in that it involves the employment of force, but differs from them in that it is implemented when no individual administrative obligation is imposed.
　　Concerning (2), 'Gyousei Keiyaku' in Japanese is a contract which the public entities conclude (thus 'Gyousei Keiyaku' shall decide rights and obligations finally, but only with consent of the citizen who makes it). 'Gyousei Keiyaku' is subjected to special legal controls.
　　As concerns (3), Administrative Guidance is 'guidance, recommendations, advice, or other acts by which an Administrative Organ [see Art. 2 (v) of the Administrative Procedure Act 1993 (c. 88)] may seek, within the scope of its duties or processes under its jurisdiction, certain action or inaction on the part of specified persons in order to realize administrative aims, where the acts are not Dispositions [see Art. 2 (ii) of the Act]' (Art. 2 (vi) of the Act).
　　With respect to (4), Administrative Plan is a plan developed by the executive agencies. It presents an administrative objective to achieve in future and comprehensive means for accomplishing its objective.
　　Regarding (5), Administrative Investigation is the executive agencies' operation for getting information. It is said that obtaining information should be done in a timely and appropriate manner in order to make administrative decisions that are to be lawful and that are to be conformable with the public interest, but it is also said that gaining information would carry a risk of violating the rights or interests of citizens.
　　As concerns purpose of the Acts above mentioned, (6) is for citizens' democratic control of central government functions, (7) is intended to protect the privacy of citizens, and (8) is to establish appropriate management systems for Administrative Documents.
　　After completing this course, you should be able to:
・ Explain sorts of Measures for Ensuring Administrative Efficacy;
・ Explain problems of Measures for Ensuring Administrative Efficacy;
・ Explain meaning and legal controls of 'Gyousei Keiyaku';
・ Explain meaning, sorts, and legal controls of Administrative Guidance;
・ Explain meaning and legal controls of Administrative Plan;
・ Explain meaning and legal controls of Administrative Investigation;
・ Sketch out the Act on Access to Information Held by Administrative Organs;
・ Sketch out management systems of personal information in the public sector which systems are provided in the Act on the Protection of Personal Information;
・ Sketch out management systems of Administrative Documents laid down in the Public Records and Archives Management Act.
　　You should learn independently by reading the textbook and your own reference book(s) in order to prepare for and/or review every class. The STANDARD time for preparation and review is 2 hours each.
　　Assessment for your comprehension is done by an end-of-term exam (100%). If you cannot attend school due to the impact of the COVID-19 infection, it is done by an essay using the 'Learning Management System [an internet-based system for learning]'.

日本語 / Japanese