Changes in Dispute Resolution under Japan's Revised Civil Procedure Law
| Project/Area Number |
09620039
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| Research Category |
Grant-in-Aid for Scientific Research (C)
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| Allocation Type | Single-year Grants |
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| Section | 一般 |
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| Research Field |
Civil law
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| Research Institution | Doshinsha University |
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Principal Investigator |
UEKITA Takeo Doshisha University, Law Faculty, Professor, 法学部, 教授 (60066264)
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| Project Period (FY) |
1997 – 1998
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| Project Status |
Completed (Fiscal Year 1998)
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| Budget Amount *help |
¥1,300,000 (Direct Cost: ¥1,300,000)
Fiscal Year 1998: ¥500,000 (Direct Cost: ¥500,000)
Fiscal Year 1997: ¥800,000 (Direct Cost: ¥800,000)
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| Keywords | flexibility in the pre-trial / law clerks / negotiation / 和解志向型の紛争解決 / 判決志向型の紛争解決 / 進行協議期日 / 当事者主義 / 期日前の参考事項の聴取 / 準備的口頭弁論 / 弁論準備手続 / 訴訟資料の収集・整理 |
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| Research Abstract |
Recent changes in Japan's Civil Procedure Law provide for greater flexibility in both the pre-trial and trial stages of dispute resolution. Previously, the authorized activities were more strictly limited by law. The l998 revisions, however, allow for increased communication among plaintiffs, defendants, lawyers, and judges as a way to achieve a satisfactory result.
The revisions give greater responsibility to ''law clerks" to manage the negotiation proceedings. In addition, they authorize various methods of reaching final conclusions, including court oversight of negotiations and simple recording of agreements by the parties.
In these respects, the new Japanese approach resembles that of the United States, where pre-trial settlement is often aggressively encouraged by trial judges and facilitated by court staff.
One concern, however, is whether the flexibility of procedure may lead to a diminution of justice. In such an environment, trial judges may be tempted to choose the approach that involves the least amount of time and effort on their part. That choice may be good for the conservation of judicial resources. However, it may come at the expense of ultimately achieving a fair and satisfactory resolution of the case.
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Report
(3 results)
Research Products
(3 results)
