確認の利益をめぐる争点整理スキーム

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  • An Approach to Determining “Standing” in the Context of Arranging Issues for a Declaratory Judgment

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In declaratory judgment actions, the presence or absence of “standing” is often disputed. Three criteria are used to determine “standing.” Jurists have argued about the mutual relationships among criteria. I will analyze these matters in this article. The article is divided into two main parts. In the first part, I attempt to set forth a reasonable way of defining an issue in judging “standing” in declaratory judgment actions and to develop a theory as to whether the plaintiff or defendant bears the burden of proof. In the second part, I will apply the theory to several Supreme Court rulings on inheritance disputes. I also will expand the discussion to how to arrange issues after the filing of a suit as part of access to justice.

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