With system of right of appeal
System of right of appeal is system to enable that the nation does protest for administrative agency under the simple quick and fair procedure widely about act equal to disposal or other exercise of public power of administrative agency.
Summary of Administrative Appeal Law (2014 law No. 68)
Administrative Appeal Law plans relief of right benefit of nation and, for the purpose of securing administrative appropriate administration, sets procedures of this system of right of appeal. It was revised since establishment of 1962 after an interval of about 50 years, and it was taken effect on April 1, 2016. Main revised contents are introduction of question procedure to trial procedure, third-party organization (examination committee) by member of trial, unification to query of protest procedure, extension (before revision 60 days) to three months for period of request for reconsideration.
Summaries of Administrative Appeal Law are as follows.
Object of 1 application
Inaction (except case to include fate of ※ particularly motion for complaint not being made) for application based on all disposal, laws and ordinances of administrative agency
Type of 2 protest
Only when application for review is general rule, and law has special fate, exceptionally request and application for a retrial of reexamination possibility (only as for the disposal)
For disposal person (person who did application based on laws and ordinances in the case of inaction) with dissatisfaction
※It is understood with person who benefit protected in right, law of self is violated by disposal or might be violated necessarily (qualification of a plaintiff of cancellation suit and the range).
4 protest periods
From the day following the date of day when knew that there was disposal March (in principle)
※It shall not be applied where there is adequate cause.
5 processing (decision, decision)
* Making a statement is illegality ⇒ rejection
* ⇒ rejection reasonless in statement
* ⇒ admission that there is reason in in statement
・In the case of disposal, it is switched original cancellation of disposition
・In the case of inaction, we declare that inaction is breach of law, injustice
※In the case of decision, it is possible to do constant disposal (application admission) for application (we give yo administrative agency ordering the disposition an order)
Summary of protest procedure
1 documentary examination is principle
※We carry out oral opinion statement by statement and carry out procedures such as witness statement, evaluation, inspection as needed
The staff (member of trial) who does not participate in 2 original disposal carries out trial procedure
※When examination agency is committee or the council, cases that it is clear that query is illegality do not need nomination
3 administrative appeals society checks validity of judgment of decision of examination agency from position of third party
※When they admit all of query when they reject query, cases that participation of third-party organization is in the case of original disposal or decision are unnecessary for question
Flows of procedure when it was made 4 queries are as follows.