• Search Research Projects
  • Search Researchers
  • How to Use
  1. Back to previous page

a legal history of enforcement of the judgement in modern Japan

Research Project

Project/Area Number 25380014
Research Category

Grant-in-Aid for Scientific Research (C)

Allocation TypeMulti-year Fund
Section一般
Research Field Fundamental law
Research InstitutionHosei University

Principal Investigator

KAWAGUCHI YOSHIHIKO  法政大学, 法学部, 教授 (30186077)

Project Period (FY) 2013-04-01 – 2018-03-31
Project Status Completed (Fiscal Year 2017)
Budget Amount *help
¥4,940,000 (Direct Cost: ¥3,800,000、Indirect Cost: ¥1,140,000)
Fiscal Year 2017: ¥780,000 (Direct Cost: ¥600,000、Indirect Cost: ¥180,000)
Fiscal Year 2016: ¥780,000 (Direct Cost: ¥600,000、Indirect Cost: ¥180,000)
Fiscal Year 2015: ¥1,040,000 (Direct Cost: ¥800,000、Indirect Cost: ¥240,000)
Fiscal Year 2014: ¥1,170,000 (Direct Cost: ¥900,000、Indirect Cost: ¥270,000)
Fiscal Year 2013: ¥1,170,000 (Direct Cost: ¥900,000、Indirect Cost: ¥270,000)
Keywords執達吏 / 執行官 / 裁判所構成法 / 執達吏規則 / 裁判執行 / 強制執行 / 競売 / 区裁判所 / 法制史 / 裁判制度史 / 執行吏 / 勧解吏
Outline of Final Research Achievements

Meiji government established in 1868 immediately undertaken to create western-type codes. A number of foreign lawyers invited by the government were immersed to codify them with just trained up Japanese lawyers. As a result, in 1890, the first Civil Code was enacted. However, the enforcement of this Civil Code was postponed in response to the various criticisms in Parliament. Finally, all the civil code amended remarkably was enforced in 1898.
A civil enforcement system was developed in parallel with the enactment of the Civil Code, it was embodied by the enactment of the law for the organization of courts of justice and the bailiff rule in 1890. The bailiffs that belonged to Tokyo local courts started the office in the framework of the 16 people on November 1 of the same year. It should be focused how they were appointed. While only one was appointed by the qualification test, everyone else was appointed by change of post from the court clerk, etc.

Report

(6 results)
  • 2017 Annual Research Report   Final Research Report ( PDF )
  • 2016 Research-status Report
  • 2015 Research-status Report
  • 2014 Research-status Report
  • 2013 Research-status Report

URL: 

Published: 2014-07-25   Modified: 2019-07-29  

Information User Guide FAQ News Terms of Use Attribution of KAKENHI

Powered by NII kakenhi