Gyosei Gaisetsu III: Gyosei Soshikiho / Komuinho / Kobutsuho (Administrative Law Overview III: Administrative Organization Law, Civil Servant Law, and Public Property Law - 5th Edition)

This book deals with administrative organization law, civil servant law, and public property law. Research and education in administrative law focuses on general administrative law theories and administrative relief law, with little emphasis typically given to administrative organization law, civil servant law, and public property law. However, the present author believes that research and education in administrative organization law, civil servant law, and public property law are important and has incorporated the results of a considerable amount of research into this book. For example, in the cabinet, the government often has a “headquarters” as an organization for overall coordination, even though, traditionally, there has been no focus on this headquarters. This book is the first administrative law text to discuss such a “headquarters.” In addition, it incorporates the results of interviews and surveys regarding the overall coordination by the cabinet secretariat and cabinet office, identifies the necessity of the overall coordination of the cabinet secretariat by the office of deputy secretary, and explains its current state. With regard to committees, it is the first to note that there are disparities in ministerial and other committees depending on whether the committee chairman has voting rights when committee votes are split evenly, and that the prosecution board is supposedly an administrative organization in diet hearings, but should be positioned as a court organization. With regard to the board of audit, other books on administrative organization law to date have only referred to it in very simple terms. In contrast, this book explains the board of audit in great depth and notes that positioning the board as a diet organization harms its political independence, particularly in the parliamentary cabinet system, and that it has a very different character than the secretariats of other committees such as the Secretariat of the National Personnel Authority. In addition, the book discusses a type of corporation known as a local joint corporation, which has not been examined at all by the administrative law world within academia.

Furthermore, the book analyzes a series of civil servant reforms within the civil servant system and also covers compliance ordinances.
 
In the field of public property law, new trends are rapidly advancing, which cannot be explained by classical theories; public property management is separated from public property operations, with the latter being expanded into areas that operate concessions. This book deals with that issue by establishing the items of “public property management and public property operations.” With regard to PFIs, the book explains in a fair amount of detail the differences between BTO, BOT, and RO systems, as well as the service purchase type, independent profit type, and mixed types. Public and private collaborations in public property management have made advances and the book marks these collaborations as a separate item. In addition, the book notes that, with the increased use of the concept of a spatial and temporal division of use, it becomes possible to relativize the difference between property for public use and public goods because the property for public use can be used as public goods.

This book should ideally be utilized, as it includes reference literature that makes it convenient for reporting in the seminar, conducting research, and doing actual work.
 

(Written by UGA Katsuya, Professor, Graduate Schools for Law and Politics / 2017)