On the system of civil action in the Modern Japan

Research Project

Project/Area Number	19530005
Research Category	Grant-in-Aid for Scientific Research (C)
Allocation Type	Single-year Grants
Section	一般
Research Field	Fundamental law
Research Institution	Osaka University
Principal Investigator	MISAKA Yoshihiro Osaka University, 大学院・高等司法究科, 教授 (30219612)
Project Period (FY)	2007 – 2009
Project Status	Completed (Fiscal Year 2009)
Budget Amount *help	¥2,340,000 (Direct Cost: ¥1,800,000、Indirect Cost: ¥540,000) Fiscal Year 2009: ¥650,000 (Direct Cost: ¥500,000、Indirect Cost: ¥150,000) Fiscal Year 2008: ¥650,000 (Direct Cost: ¥500,000、Indirect Cost: ¥150,000) Fiscal Year 2007: ¥1,040,000 (Direct Cost: ¥800,000、Indirect Cost: ¥240,000)
Keywords	法制史 / 民事訴訟法 / 手続法観念 / 裁判所 / 民事手続 / 弁護士 / 弁護士強制 / 近代日本法史 / 近世日本法史 / 大審院
Research Abstract	In this project, I try to investigate how we can describe the characteristic of the code of civil procedure of 1890. The research of the provisions of this code that permit parties to take legal action without getting lawyers showed following facts. (1) These provisions should be considered in the social context that it was mostly not by layers but by non-lawyers that the needs of legal services in communities were filled. (2) This social context made the legislators take more seriously judge's inisiatives in legal procedure than party's.

Report

(4 results)