An attitude survey on civil litigation system
| Project/Area Number |
15530061
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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 | Nagoya University |
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Principal Investigator |
SUGAWARA Iuka Nagoya University, Graduate School of Law, Professor, 大学院・法学研究科, 教授 (90162859)
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| Project Period (FY) |
2003 – 2004
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| Project Status |
Completed (Fiscal Year 2004)
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| Budget Amount *help |
¥3,300,000 (Direct Cost: ¥3,300,000)
Fiscal Year 2004: ¥300,000 (Direct Cost: ¥300,000)
Fiscal Year 2003: ¥3,000,000 (Direct Cost: ¥3,000,000)
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| Keywords | access to justice / judicial reform / user evaluations / citizen's evaluation on judges / citizen's evaluation on lawyer / an attitude survey / litigation avoidance / 民事訴訟 / 法意識 / 訴訟制度評価 / 手続法公正 / 司法制度評価 |
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| Research Abstract |
The Japanese Justice System Reform Counsel had conducted an attitude survey on civil litigation system to parties of civil litigations. The results had published in 2002. This study has conducted an attitude survey on same topics to persons who had no experience of litigation. Questionnaire is almost same as the Council's survey and the place where survey had conducted is also same 20 cities as former Council's survey. 4000 anonymous questionnaires had distributed by mail and 1273 respondents answer the questionnaires. The response rate was 31%
The results showed several important findings. People who had no experience of litigation had same expectation to litigations as people who experienced a litigation. Both of them expected to get fair resolution and clear decision on what is right or wrong. People who have no experience having legal problem feel difficulty to find their lawyer. 80% respondents who had no legal problem said they fill have difficulties to find their lawyer when they
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encounter a legal problem in the future. This result is much different from that of the Council's survey. Evaluation of litigation process is different between ex-litigants and other citizen. People who had no experience of litigations evaluate more negatively the process than ex-litigants. Lawyers are also evaluated more negatively by people who had no experience of litigation than ex-litigants. On the contrary, people who had no experience of litigations evaluate judges more positively than ex-litigants. They trust judges more than ex-litigants. Evaluations on the results of litigations are not so different between ex-litigants and people who had no experience of litigations. However, people who had no experience of litigations think more often than ex-litigants that the results of litigations are sometimes conflict with common sense. Evaluations on judicial system as a whole are not so different either between people who had no experience of litigations and ex-litigants. Both of them evaluate the function of judicial system very low and not satisfied very much. Only 20% of respondents satisfy even in case of non-litigation persons. When results of Council's survey were published, some practice lawyers pointed out that the negative evaluation of litigants on judicial system came from dissatisfaction or frustration of loser parties. However, based on present results of this survey, such reasoning is not correct, because even the persons who had no stakes with the results of the litigation evaluated negatively as same as ex-litigants. According to these results, we have to find another reason of people's low support for the judicial system. Less
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Report
(3 results)
Research Products
(13 results)
