2009 Fiscal Year Final Research Report
On the system of civil action in the Modern Japan
| Project/Area Number |
19530005
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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 |
Fundamental law
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| Research Institution | Osaka University |
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Principal Investigator |
MISAKA Yoshihiro Osaka University, 大学院・高等司法究科, 教授 (30219612)
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| Project Period (FY) |
2007 – 2009
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| Keywords | 法制史 / 民事訴訟法 / 手続法観念 / 裁判所 / 民事手続 / 弁護士 / 弁護士強制 |
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| Research Abstract |
In this project, I try to investigate how we can describe the characteristic of the code of civil procedure of 1890. The research of the provisions of this code that permit parties to take legal action without getting lawyers showed following facts. (1) These provisions should be considered in the social context that it was mostly not by layers but by non-lawyers that the needs of legal services in communities were filled. (2) This social context made the legislators take more seriously judge's inisiatives in legal procedure than party's.
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Research Products
(2 results)
