| Project/Area Number |
06301060
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| Research Category |
Grant-in-Aid for Scientific Research (A)
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| Allocation Type | Single-year Grants |
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| Section | 総合 |
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| Research Field |
Civil law
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| Research Institution | Niigata University |
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Principal Investigator |
MIZUTANI Tohru Niigata University Fuculty of law Professor, 法学部, 教授 (30066740)
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| Co-Investigator(Kenkyū-buntansha) |
KASHIMURA Shiroh Kobe University Fuculty of law Professor, 法学部, 教授 (40114433)
SAGAMI Yoshikazu Ritsumeikan University Fuculty of law Professor, 法学部, 教授 (50081162)
TAKAHASHI Hiroshi Tokyo University Fuculty of law Professor, 大学院・法学政治学研究科, 教授 (40009832)
ITOH Makoto Tokyo University Fuculty of law Professor, 大学院・法学政治学研究科, 教授 (50009809)
YOSIMURA Tokushige Seinan-Gakuin University Fuculty of law Professor, 法学部, 教授 (30037064)
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| Project Period (FY) |
1994 – 1996
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| Project Status |
Completed (Fiscal Year 1996)
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| Budget Amount *help |
¥3,400,000 (Direct Cost: ¥3,400,000)
Fiscal Year 1996: ¥1,400,000 (Direct Cost: ¥1,400,000)
Fiscal Year 1995: ¥2,000,000 (Direct Cost: ¥2,000,000)
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| Keywords | Civil procedure / Civil litigation / Compromise / Settlement / Negotiation / Argument / 弁論 / 日本訴訟 / 民事訴訟 / 民事手続 / 法廷 / 模擬裁判 |
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| Research Abstract |
1 We had 2 simulation games of "experimental court". In which many jurists (lawyer, judge, professor) and judicial scriveners made interactions according to their own thought aout a civil litigation. Trough the 2 simulations, many problems about a process of negotiations were closed up. We discussed about them by oral or by E-mail on internet, and we published 2 reports of our discussion and the simunlation by Japanese words and a summary report by both of Eglish and Japanese. And also we have published them by Web on internet.
2 Through the research we can conclude as following.
(1) In the court, it is very important for the principals to speak more rather than a lawyer who represents principals, but it is also very difficult for them to do because of the anxiety for the future.
So we must start to think about the fundamental attitude and atmosphere in the court like as "how to speak each other".
(2) In the compromise, when the judge attempts to interview one-by-one, it increases the anxiety of both parties, especially that of both principals, but it is necessary to negotiate between only lawyers using judicial languages.
(3) Thinking all of those essences, we will get findings that we should make clear the system of practice betraying the ideal theories, and we should discuss about the necessity and an limitation of an "virtual agreement between legal professions".
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