@article{oai:nagasaki-u.repo.nii.ac.jp:00010057,
 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 examine the interwoven relationship between
the entity of administrative power and the entity of property rights within
administrative bodies in Japan and to delimit the range of circumstances
in which administrative bodies are allowed to bring to a civil suit
if a person with some administrative obligations does not comply with
them and thereby violates the law. According to a judicial precedent adjudicated
in July 2002，national or local governments are, in principle,
not allowed to bring a civil suit for the purpose of forcing such a person
to implement administrative obligations exclusively as an entity of administrative
power without any legal provisions to permit it, apart from
the case where they attempt to protect their own legal rights or benefits
as an entity of property rights. While there are a number of measures
associated with payment obligations in which administrative compulsory
collection is allowed under law, this is not the case when it comes to
such matters as the collection of the rent for public housing. Nevertheless,
some laws allow administrative bodies to rely on court enforcement
in these cases, which appears, at first glance, contradictory to the idea
of the aforementioned judicial precedent. This is mainly because these
measures are fundamentally based on a contract for utilization of public
facilities, where both administrative bodies and the general public stand
in an equivalent position to allow the bodies to be an entity of property
rights. If these measures were implemented as an exercise of public
power by administrative bodies, it would not be possible for the bodies
to have recourse to court enforcement according to the idea shown in
the judicial precedent., 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.225-260; 2011},
 pages = {225--260},
 title = {「行政権の主体」と「財産権の主体」との交錯関係と司法的執行--宝塚市パチンコ店規制条例事件の判例を手がかりとして},
 volume = {91},
 year = {2011}
}