抗告訴訟との関係における実質的当事者訴訟の活用と限界に関する一考察

In 1981 the Supreme Court ruled that a claim on the private law seeking to prohibit the takeoff and landing of the airplane at night was not lawful. From this case of the Supreme Court have been made, there was some of doctrinal opinions to assert the advantage of Public Law-Related Suit of Japanese Administrative Litigation Act 4. But it has not been used so much. Because it has not been utilized, Confirmation litigation of public law was inserted at the phrase of Article 4 in amending the Administrative Litigation Act in 2004. There is to be expanded in the citizen's right relief by utilizing the Confirmation litigation of public law. On the other hand, as having seen in the Supreme Court case examples it has been also tried to take advantage of the Cancellation action due to the expansion of the disposal in the litigation practice of Japan.In this paper, I would like to overview the theoretical issues related to Public Law-Related Suit, the reason of being set a Substantial party suit of Public Law-Related Suit as one of the action types in the Administrative Litigation special law in 1948, the reason of being inserted explicitly Confirmation litigation of public law at the phrase of Article 4 in amending the Administrative Litigation Act in 2004 and through the analysis of the case law, try to consider possibility of that suit and its limit.