1999 Fiscal Year Final Research Report Summary
Research for the suitable location of Japanese Summary Courts (Kan'i Saibansyo)
| Project/Area Number |
09620038
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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 | Kagoshima University |
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Principal Investigator |
SANO Hiroyuki Kagoshima University, Faculty of Law, Economics and Humanities, Professor, 法文学部, 教授 (10145451)
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| Project Period (FY) |
1997 – 1999
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| Keywords | Judicial System / Justice's court / Small claims court / Accsess to Justice / Justiciability / Jurisdiction / Jury / Justice of the peace |
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| Research Abstract |
Japanese Summary Courts (Kan'i Saibansyo) were created as the lowest court after World War II, for small claims between citizens, in 557 places (at first, then 575 places) in our whole country. At the beginning, they were found in every 2 police precincts, because of a writ or warrant. But the circumstances have been changing, so the origin places were not suitable. According to the 90th Law in 1987(Kakyusaibansyo no setsuritsu oyobi kankatsukuiki ni kansuru horitsu no ichibu wo kaiseisuru horitsu), many Summary Courts have been combined or replaced.
Summary Courts have worked as not only a small claims court, but also a ordinary first instance. In the latter, the replace was necessary and rationality, but in the former, has occurred the constitutional problem, that is access to court.
The 90th Law in 1987 has made an inconvenience to the people in remote rural areas, but no unconstitutional action. Rather than this problem, after the replacement Summary Courts are able to work more effective because of the concentration of judicial resources. In result Summary Courts can take small claims, which could not bring an action, more positively. Then the regulation for small claims (Syogaku Saiban Seido) was made in the new Civil Procedure in 1996.
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