| Project/Area Number |
07302004
|
|---|
| Research Category |
Grant-in-Aid for Scientific Research (A)
|
| Allocation Type | Single-year Grants |
|---|
| Section | 一般 |
|---|
| Research Field |
Civil law
|
|---|
| Research Institution | SURUGADAI UNIVERSITY (1996-1997)
Hitotsubashi University (1995) |
|---|
Principal Investigator |
TAKESHITA Morio SURUGADAI UNIVERSITY,FACULTY of LAW,PROFESSOR, 法学部, 教授 (30017587)
|
|---|
| Co-Investigator(Kenkyū-buntansha) |
MITANI Tadayuki KAGAWA UNIVERSITY,FACULTY of LAW,PROFRSSOR, 法学部, 教授 (40067921)
TANABE Makoto HIROSHIMA UNIVERSITY,FACULTY of LAW,PROFESSOR, 法学部, 教授 (40197512)
SUGAWARA Ikuo FUKUSHIMA UNIVERSITY,FACULTY of ADMINISTRATION & SOCIAL.SCIENCES,ASSOCIATE PROFE, 行政社会学部, 助教授 (90162859)
KANAMI Shinichi KITAKYUSHU UNIVERSITY,FACULTY of LAW,PROFESSOR, 法学部, 教授 (00175283)
UEHARA Toshio HITOTSUBASHI UNIVERSITY,FACULTY of LAW,PROFESSOR, 法学部, 教授 (30114937)
山本 和彦 東北大学, 法学部, 助教授 (40174784)
|
|---|
| Project Period (FY) |
1995 – 1997
|
| Project Status |
Completed (Fiscal Year 1997)
|
| Budget Amount *help |
¥16,900,000 (Direct Cost: ¥16,900,000)
Fiscal Year 1997: ¥1,300,000 (Direct Cost: ¥1,300,000)
Fiscal Year 1996: ¥2,100,000 (Direct Cost: ¥2,100,000)
Fiscal Year 1995: ¥13,500,000 (Direct Cost: ¥13,500,000)
|
|---|
| Keywords | CIVIL LITIGATION / METRICAL ANALYSYS / REFORM of LAW of CIVIL PROCEDURE |
|---|
| Research Abstract |
The purposes of this research are to make suggestions for the interpretation of a new law of civil procedure as well as the practice under this new law. The results of a survey also show the objective data which represents the practice under the former raw of civil procedure, by surveying the litigation practice just before the new law was enacted.
Conducting such a survey, this research also provides a basic set of data which enables us to compare the practices before the reform with those after it to understand the implications of the reform. We believe that the results of our survey will prove useful for future Survey design.
Concretely speaking, three hundred fifty cases were sampled in Tokyo and Osaka district courts and two hundred cases were sampled in Sapporo, Sendai, Nagoya, Hiroshima, Takamatsu, and Fukuoka district courts. One hundred cases were also sampled in summary courts in the same areas of the district courts mentioned above. From court records, data on categories of parties and disputes, amounts, number and quality and quantity of documents and evidence submitted, disposition of the cases, details of the judgment and all other relevant factors were considered. These data were analyzed statistically to find the overall tendencies of court procedure and the local tendencies. if any, of each court. The topics addressed in this research also include : state of the service of the complaints and the defendants rejoinders, frequency of preparation procedures, mediations, change of judges and court clerks, states of pre-trial procedures which established main issue, states of the hybrid procedures of oral argument and settlement conference, state of settlement conferences themselves, and frequencies of writs of execution in each courts.
|
