2017 Fiscal Year Final Research Report
a legal history of enforcement of the judgement in modern Japan
| Project/Area Number |
25380014
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| Research Category |
Grant-in-Aid for Scientific Research (C)
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| Allocation Type | Multi-year Fund |
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| Section | 一般 |
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| Research Field |
Fundamental law
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| Research Institution | Hosei University |
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Principal Investigator |
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| Project Period (FY) |
2013-04-01 – 2018-03-31
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| Keywords | 執達吏 / 執行官 / 裁判所構成法 / 執達吏規則 / 裁判執行 |
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| Outline of Final Research Achievements |
Meiji government established in 1868 immediately undertaken to create western-type codes. A number of foreign lawyers invited by the government were immersed to codify them with just trained up Japanese lawyers. As a result, in 1890, the first Civil Code was enacted. However, the enforcement of this Civil Code was postponed in response to the various criticisms in Parliament. Finally, all the civil code amended remarkably was enforced in 1898.
A civil enforcement system was developed in parallel with the enactment of the Civil Code, it was embodied by the enactment of the law for the organization of courts of justice and the bailiff rule in 1890. The bailiffs that belonged to Tokyo local courts started the office in the framework of the 16 people on November 1 of the same year. It should be focused how they were appointed. While only one was appointed by the qualification test, everyone else was appointed by change of post from the court clerk, etc.
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| Free Research Field |
日本法制史
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