2000 Fiscal Year Final Research Report Summary
Rulings on Evidence under new Code of Civil Procedure
| Project/Area Number |
10620032
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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 | University of Tokyo |
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Principal Investigator |
ITO Makoto University of Tokyo, Graduate School of Law and Politics, Professor, 大学院・法学政治学研究科, 教授 (50009809)
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| Co-Investigator(Kenkyū-buntansha) |
KAKIUCHI Shusuke University of Tokyo, Graduate School of Law and Politics, Associate Professor, 大学院・法学政治学研究科, 助教授 (10282534)
YAMAMOTO Kauhiko Hitotsubashi University, Faculty of Law, Professor, 法学部, 教授 (40174784)
KASUGA Ichiro Tsukuba University, Social Sciences, Professor, 社会科学系, 教授 (50118593)
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| Project Period (FY) |
1998 – 2000
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| Keywords | Evidence Law / Procedure of examination of evidence / Right to refuse to testify / Order to produce document / Expert testimony |
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| Research Abstract |
In this research, we have tried to construct some interpretative schemes mainly on several kinds of procedures for examination of evidence, which are largely reformed by new Code of Civil Procedure, effective since the 1st January 1998. For this purpose, we refered to our own results from comparative law study particulary on American law, German law and French law. As results of this research, it has already been published some treatises. While these treatises are written on each investigator's own responsibility, the views presented there are besed on our discussion in the meeting held once per 2 months during the term of this project. Ito (2000) indentifies the foundamental character of article 248 of Code of Civil Procedure and points out some guiding principles to interpret that article. Kasuga (1999) treats the right to refuse to testify under the new code. Referring to German law, it clarified justifications of each type of these priviledges and tries to resolve problems expected under the new code. Yamamoto (1999a) analyses rulings on official secrets, particulary regarding the right to refuse to testify and order to produce document, referring to German, French, Ameican and Engllish law. Yamamoto (1999b) tries a doctorinal examination on the order to produce communicative documents of a company, analysing some recent court decisions. Kato, Kasuga, Yamamoto et al.(1999) makes some interpretative or legislative propositions for more and better use of expert testimony in civil procedure, referring to German and French law.
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