Law Law and Reform of Resident Suits - Current State of Local Government Practices and Issues / Toshifumi Sowa

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Law
[Contents introduction] Regarding various problems of judgment criteria, requirements and procedures in the current system of residents' lawsuit and residents' audit request system, this paper presents the operational situation and approach in practice and the direction of future reform. It is a book that explains the basic principles (legal theory) that are not explicitly stated in the text of the law, and serves as a guideline for dealing with practical business.
・ Part 1, "Outline of the Resident Litigation System," comprehensively explains the mechanisms of the resident audit request system and the resident litigation system, as well as legal issues that may become problems in the operation of the system, in as simple as possible. It also describes in detail what kind of illegality has been recognized by resident lawsuits as "illegality of financial accounting administration by the type of action".
Part 2, "Legal Control of Residents Litigation," explains important issues related to residents' requests for audits and residents' litigation in the form of case review of the Supreme Court decision, which became a leading case.
・ In addition, Part 3, "Resident Litigation System Reform," examines the significance and problems of the resident litigation system and the contents of the resident litigation system reform.
・ For officials in charge of finance, legal affairs, and auditing in local governments, this manual provides guidance on basic principles (legal theory) that are not explicitly stated in the text of the law, and serves as a guide for dealing with practical operations.
[Contents]
First appearance
[Part 1] Overview of the Resident Litigation System
Chapter 1 Overview of the Resident Litigation System and Resident Audit Request System
Section 1 Introduction
(1) Importance of Accurately Understanding Resident Litigation
(2) Structure of Chapter 1
Section 2 Basic Structure of Resident Litigation
(1) Basic Structure of Resident Litigation 4 Claims Litigation
(2) Characteristics of Resident Litigation - Comparison with US Taxpayer Litigation
(3) Institutional Purpose of Resident Litigation
Section 3 Overview of Resident Litigation
(1) Basic Structure of Resident Litigation
(2) Requirements and Procedures for Resident Litigation
Section 4 Overview of Resident Litigation
(1) Basic Structure of Resident Litigation
(2) Requirements and Procedures for Resident Litigation
Section 4 Overview of Resident Litigation
(1) Basic Structure of Resident Litigation
(2) Requirements and Procedures for Resident Litigation
Section 4 Overview of Resident Litigation
(1) Basic Structure of 2017 2017 Local Government Law
Section 5 Conclusion
[Additions to Part 1, Chapter 1]
Chapter 2 Illegality in Financial Accounting by Type of Act
Section 1 Expenditure of Public Money
(1) Salaries and Allowances
(2) Reimbursement of Travel Expenses and Expenses
(3) Expenses for Political Research and Political Activities
(4) Social and Entertainment Expenses
(5) Subsidies
(6) Compensation for Losses
(7) Contributions
(8) Expenditure of Other Public Money
Section 2 Conclusion of Contracts
(1) Conclusion of Contracts and Principles of Competitive Bidding
(2) Conclusion of Contracts and Decisions on Competitive Bidding
(3) Purchase Contracts and representation of both parties : Nagoya City Design Expo Case
(4) Fair value and economic rationality
(3) Loss Compensation Contracts
Section 3 Inaction in Financial Accounting
(1) Facts of Failure to Impose and Collect of Public Money
(4) Non-Exercise of Right to Obtain and Economic Rationality
(3) compensation contracts
Section 3 Inaction on Financial Accounting
(1) separation of government and religion
[Additions to Part 1, Chapter 2]
[Additions to Part 1, Chapter 2]
[Part 2] Legal Control of Residents Litigation
Section 4 Problems of Residents Litigation
Audits
[Additions to Part 1, Chapter 2]
[Part 2] Legal Control of Residents' Lawsuits
(1) Summary of Cases
(2) Supreme Court Decisions
(3) Comments
Section 3 Limitation of Period for Residents' Requests for Audits
(2) Justifiable Grounds as Exceptions
- Mainly in consideration of Supreme Court Decisions 1990 / 4 / 22
(1) Summary of Cases
(2) Supreme Court Decisions
(3) Comments
Section 3 Limitations of Period for Residents' Requests for Audits
(2) Supreme Court Decisions
(3) Comments
Section 3 Limitations of Period for Residents' Requests for Audits
(2) Supreme Court Decisions
(3) Comments
Section 3 Limitations of 1988 2002 Provisions of the Local Autonomy Law
(2) Location of the Problem
Section 2 Legal Benefits for Protection of Residents' Suits
(1) Basic Nature of Residents' Suits
(2) Legal Benefits for Protection of Residents' Suits
(1) Overview
(2) Consideration by Type
Section 4 Occurrence of Damage
(1) Recognition of Damage
(2) Difference by Type of Claim
Section 5 Illegality of Prior Acts and Illegality of Subsequent Acts
Section 3 Defendants in Residents' Suits
Section 1 Introduction
Section 2 Interpretation of "Employee"
Section 1 Introduction
Section 2 Interpretation of "Employee"
Section 1 Introduction
Section 2 Interpretation of "Employee"
Section 1 Introduction
(3) Comments
Section 1 Introduction
Section 2 Interpretation of "Employee"
Section 1 Interpretation
Section 2 Interpretation of "Employee"
Section 1 Introduction
(3) Comments
Section 3 Changes to Defendants
Section (3) Illegality of Prior Cause Acts and Illegality of Financial Accounting Acts
(4) Scope of Civil Suits and Legislative Reform
Section 4 (4) Problems of Claim Suits
(1) 1987 1999 1994 Biimata Problems associated with Pursuing Excessive Individual Liability
(2) Doctrine of Limitation of Liability (1) : Theory of Interpretation
(3) Doctrine of Limitation of Liability (2) : Theory of Legislation
Section 5 : Procedural Problems in Lawsuits against Residents
(1) Participation by Local Governments
(2) Legal Costs
Section 6 : Proposals for Reform of the Resident Lawsuit System
(1) Recommendations by the Mie Prefectural Policy and Legal Committee
(2) Consideration of the Revision of the Resident Lawsuit System by the Local Government System Research Committee
Section 7 : Conclusion
[Addition to Part 3, Chapter 1]
Chapter 2 2002 (2002) Revision of the Local Government Law
Section 1 Decentralization Reform and Local Government
Section 2 Local Government and Local Government
Section 2 Local Government and Local Government Litigation
Section 3 Local Government and Local Government Litigation (1)
Section 4 Local Government Litigation and Local Government Litigation (2) : Reorganization of Litigation Types
[Addition to Chapter 2 of Part 3]
Chapter 3 Local Government Litigation and Debt Waiver Decision
- Mainly in consideration of the Supreme Court Decision 2012 / 4 / 20 -
Section 1 Introduction
Section 2 Outline of the Kobe Municipal Organization Subsidy Case
(1) Outline of the case
(2) Supreme Court Decision
Section 3 Consideration of the Supreme Court Decision
(1) Legality of the Subsidy and Negligence of the Mayor
(2) Decision on Debt Waiver and Execution by the Mayor
Section 4 Legality of Decision on Debt Waiver
(1) Cases and Theories Prior to the Judgment
(2) Cases under the Theory of Principle Validity
(3) Theories under the Theory of Principle Validity
(4) Theories under the Theory of Principle Invalidity
(2) Criteria for Judging the Legality of a Debt Waiver Resolution
(3) Validity of a Debt Waiver Resolution by the Kobe City Assembly
Section 5 Remaining Issues
[Addition to Part 3, Chapter 3]
Chapter 4 Resident Litigation and Debt Waiver Resolution : Reron
- Developments after the Supreme Court Decision 2012 / 4 / 20 -
Section 1 Introduction
Section 2 Developments after the 2012 Judgment
(1) 2012 judgment
(2) Developments in Court Cases after the 2012 Judgment
(3) Evaluation of Criteria established in the 2012 Judgment
Section 3 Developments in Legislative Arguments after the 2012 Judgment
(1) Supplementary Opinion of Judge Katsumi Chiba
(2) Study Group on Resident Lawsuits
(3) Study Group on the 31st Local Government System
(4) Study Group on Review of the Resident Lawsuit System
(5) 2017 (2017) Local Government Law
Section 4 Conclusion
[Addition to Chapter 4 of Part 3]
Postscript
Appendix Details Next
Matter Index
Statute Index
Case Name Index
Case Law Index