Judge's intervention for parties in civil procedure: from early modern Europe to Taisho- Revision.

2016 Fiscal Year Final Research Report

• Project/Area Number: 25380001
• Research Category: Grant-in-Aid for Scientific Research (C)
• Allocation Type: Multi-year Fund
• Section: 一般
• Research Field: Fundamental law
• Research Institution: Hokkaido University
• Principal Investigator: MIZUNO Koji 北海道大学, 大学院法学研究科, 教授 (80399782)
• Project Period (FY): 2013-04-01 – 2017-03-31
• Keywords: 民事訴訟 / 裁判官 / 釈明権 / 近代 / 日本 / 弁護士 / ドイツ / 中世

Outline of Final Research Achievements

It has been widely believed that Modern Civil Procedure is, and should be, party-oriented. In reality, it has contained from its beginning quite strong directive power of judge: Judges should intervene properly for the benefit of both parties in oral discussion and try to clarify “truth”.
In order to demonstrate this thesis, I took up Japanese civil procedure in modern times, from Meiji Civil Procedure Code (1890) to its Taisho Revision (1926), and its mother law in contemporary Germany, including learned law procedure in late medieval Europe as its historical origin.

Free Research Field

法学史