2007 Fiscal Year Final Research Report Summary
Politics of Judiciary : Preparatory Research
| Project/Area Number |
18530086
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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 |
Politics
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| Research Institution | Chiba University |
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Principal Investigator |
SHINDO Muneyuki Chiba University, Faculty of Law and Economics, Professor (30138549)
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| Co-Investigator(Kenkyū-buntansha) |
MIYAZAKI Ryuji Chiba University, Graduate School of Humanities and Social Sciences, Professor (10113870)
ISHIDA Ken Chiba University, Faculty of Law and Economics, Professor (40211726)
SEKIYA Noboru Chiba University, Faculty of Law and Economics, Associate Professor (00323387)
KITAMURA Kentetsu Chiba University, Law School, Associate Professor (00344961)
SASAKURA Hiroki Chiba University, Faculty of Law and Economics, Associate Professor (00313057)
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| Project Period (FY) |
2006 – 2007
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| Keywords | Judiciary Reform / Judiciary Administration / Party Politics / Saiban-in System / Participation to Judiciary / Political Judiciary / Extraordinary Tribunal / Human Resources of Legal Professionals |
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| Research Abstract |
This research project tries to prepare for basic framework of research to clarify the role of Japanese judiciary and its problem. Most of the project members are political scientists who assemble materials and verify their effective method for further scrutiny. Participation of legal scientists, on the other hand, encourages them to understand the limit of legal analysis as well as difficulty for legal interpretation of political implication.
Political scientists criticize bureaucratic tendency in judicial administration and lack of transparency in court cases against political corruption assuming as if the Japanese judicial structure had not been changed since the formation of Constitution. In contrast, legal scientists consider that recent judiciary reform would bring a structural transformation. For example, they expect potential reverberations in the legal consciousness among Japanese people by the introduction of Saiban-in system from next May. They investigate its influence on legal proceedings and urge the need for the new design to redistribute human resources of legal professionals. In spite of differences, all the participants of this project agreed that the analytical method of political scientists was indispensable to assess the degree of judicial reform. Moreover, through their feedback to legal studies, the combination of both political and legal analysis could improve not only the total survey of judicial reform but also the general discipline of social sciences in general.
Thus, while developing the common perception and method for the subject, the project must continue empirical researches. They are concerned also with the subjects such as legal cases related to party politics, judicial reform in bureaucracy, participation to judiciary in the division of the three powers, and comparative studies of legal system. During this project the publications on the subjects would be expected.
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