2006 Fiscal Year Final Research Report Summary
Quantitative Analysis of Civil Proceedings : after the amendment of law
| Project/Area Number |
15203004
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| Research Category |
Grant-in-Aid for Scientific Research (A)
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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 | Surugadai University |
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Principal Investigator |
TAKESHITA Morio Surugadai University, President, 教授 (30017587)
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| Co-Investigator(Kenkyū-buntansha) |
UEHARA Toshio Hitotsubashi Univ., Graduate School of Law, Professor, 大学院法学研究科, 教授 (30114937)
TOKUDA Kazuyuki Kyoto Univ., Graduate School of Law, Professor, 大学院法学研究科, 教授 (90068271)
KAWANO Masanori Nagoya Univ., Graduate School of Law, Professor, 大学院法学研究科, 教授 (00047739)
IKEDA Kumeo Hokkaigakuen Univ., Graduate School of Law, Professor, 大学院法学研究科, 教授 (90047986)
TANABE Makoto Hiroshima Univ., Graduate School of Law, Professor, 大学院法務研究科, 教授 (40197512)
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| Project Period (FY) |
2003 – 2006
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| Keywords | civil procedure law / field survey / renovation of justice system / judicial policy / law amendment |
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| Research Abstract |
This project aims at quantitative analysis of the effect of the amendment of civil procedure law of 1996, by analyzing data of case proceedings after the amendment and comparing it to those before the amendment. The investigators researched more than two thousand (2,000) civil cases which ended in the year of 2000 at 8 district courts (Chiho saibansho). As for the summary court cases, eight hundred (800) cases were investigated as well at 8 summary courts (Kan-i saibansho).
The first analysis is to clarify the real situation of "new" practice after the amendment. It includes the frequency of "benron-junbi" conferences, "shuchu" (continued) testimony, and conference for issue clarification after the testimony ("hyoryu-gata shinri" [drifty proceedings] ).
The second one is to analyze the effect of law amendment and difference between the practice before amendment. It is found that the effect of law amendment varies: the easier or simpler the case is, the stronger the effect of the amendment. Needless to say, it differs also among courts or even among presiding judges.
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