| Co-Investigator(Kenkyū-buntansha) |
WAGATSUMA Manabu Tokyo Toritu University, Faculty of Law, Professor, 法学部, 教授 (30211668)
MACHIMURA Ysutaka Nanzan University, Graduate School of Law, Professor, 法学部, 教授 (60199726)
SUGAWARA Ikuo Nagoya University, Graduate School of Law, Professor, 大学院・法学研究科, 教授 (90162859)
YAMADA Aya Kyoto University, Graduate School of Law, Associate Professor, 大学院・法学研究科, 助教授 (40230445)
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| Research Abstract |
We found that Judicial Statistics played an important role in lawmaking and Judicial Reform. For instance, German civil procedure revision in 2001/2002, Civil Appeal revision particularly, was premised on Judicial Statistics of Civil appeals, namely, Filings and Dispositions of Civil Appeals, Processing Time, etc.
On the other hand, we also found that International Comparison for Judicial Statistics was very difficult, because each Judicial Statistics of Civil Suit was the outcome of using their own separate methods, and we must compare Japanese judicial statistics with other country's statistics under various standards. We must be considered various factors too. For example, the Filing of a complex case may result in numerous court appearances and actions, while a simple case may be resolved in a single appearance of a few minutes. Yet both types of cases are counted as filings and appear equal statistically in terms of their impacts on the court. Under this premise, we tried to make a comparison between judicial statistics of Germany, France, and USA. England, Canada and Japan.
Based on the analysis of a comparison between judicial statistics of Germany, France, USA, England, Canada and Japan, we found that the number of court filings in Japan was remarkably low. But we can not investigate into the cause of such a low number of court filings. That is our future challenge. In this context, it is necessary for International Comparison for Judicial Statistics to investigate into the difference not only between each Judicial Statistics, but also between each judicial systems, for example judge system, bar system, etc. And moreover it is necessary to investigate into the difference between each cultural climate, economy, politic etc...
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