@article{oai:nagasaki-u.repo.nii.ac.jp:00010056,
 author = {海野, 敦史},
 issue = {1-2},
 journal = {経営と経済, Journal of Business and Economics},
 month = {Sep},
 note = {This paper attempts to clarify the obligations and responsibilities of
administrative bodies in devolving a part of their work to private persons
on the basis of some arguments within Japan's administrative law.
While traditional arguments, particularly with reference to state compensation,
have primarily focused on the extent to which“exercise of
public power”can reasonably be devolved to private persons, this paper
attaches much importance on how to ensure legal rights and benefits of
the other party (i.e.，the general public) after the devolution. Namely,
a theory can be drawn that the devolution will not be allowed as long as
an environment is shaped in which legal rights and benefits of the addressee
of the administration can easily be invaded by the devolved persons
regardless of the feature of administrative work. Therefore, a certain
extent of governmental involvement for solid prevention of the invasion
would be needed after the devolution, whether it may take the
form of privatization, delegation, or entrustment to private persons. It
would be fair to note that the degree of the involvement to be required
by law can be determined by the extent of relevancy of devolved administrative
work with restricted rights and benefits of the other party.
Even when certain kinds of work accompanied by public power is
delegated to a designated private person, for example, institutional legal
measures are required to allow administrative bodies to properly supervise
the delegated person as far as they have risk to strongly restrict
legal rights and benefits of the other party. Hence, devolution of administrative
work does not simply mean the extinction of ultimate administrative
responsibilities originally belonged to relevant administrative
bodies., 田口信夫、高倉泰夫、森永春乃先生 定年退職記念号, 經營と經濟, 91(1-2), pp.179-223; 2011},
 pages = {179--223},
 title = {行政事務の私人への委譲とそれに伴う行政主体の義務・責任},
 volume = {91},
 year = {2011}
}