Study of Structure and Practice of Chinese Civil Procedure-Comparative Study with Japanese Civil Procedure Law-

2014 Fiscal Year Final Research Report

• Project/Area Number: 23530085
• Research Category: Grant-in-Aid for Scientific Research (C)
• Allocation Type: Multi-year Fund
• Section: 一般
• Research Field: Civil law
• Research Institution: Soka University
• Principal Investigator: KOJIMA AKEMI 創価大学, 法務研究科, 教授 (20382567)
• Project Period (FY): 2011-04-28 – 2015-03-31
• Keywords: 中国 / 裁判所 / 人民法院 / 裁判官 / 民事訴訟 / 民事訴訟法 / 要件事実 / 調停

Outline of Final Research Achievements

This study is based on the trend of revision in the Chinese Code of Civil Procedure, and is analyzed from both sides of a law and practice about the structure of the Chinese Civil Procedure (1). It's analyzed about Chinese trial method and suit operation compared to Japan (2). Through this analysis, something universal and something peculiar are made clear, and each the effective trial method and suit operation for both countries are considered.
An investigation in a courthouse in Shanghai was achieved and deepened the understanding about a civil suit of both countries by the discussion with Chinese judges. And Seminar was held in Tokyo, on the basis of this investigation, jurist of both countries discussed deeply the suit operation performed at a courthouse in Shanghai which was based on the ultimate facts.
Seminar was held more than one times in Kyushu in the final year. I advanced analysis of (1) and (2). I think the significant consideration for future's Japan and China was done.

Free Research Field

民事訴訟法