1988 Fiscal Year Final Research Report Summary
Administration of Justice: IInd Franco-Japanese Legal Joint Studies.
| Project/Area Number |
61301059
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| Research Category |
Grant-in-Aid for Co-operative Research (A)
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| Allocation Type | Single-year Grants |
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| Research Field |
Fundamental law
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| Research Institution | University of Tokyo |
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Principal Investigator |
KITAMURA Ichiro Professor of Law, University of Tokyo, Faculty of Law, 法学部, 教授 (90009837)
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| Co-Investigator(Kenkyū-buntansha) |
HIGUCHI Yoichi Professor of Law, University of Tokyo, Faculty of Law, 法学部, 教授 (60004149)
KANEKO Masashi Professor of Law, Tokyo Metropolitan University, Faculty of Law, 法学部, 教授 (50083308)
FUKASE Tadakazu Professor of Law, Hokkaido University, Faculty of Law, 法学部, 教授 (60000650)
YAMAGUCHI Toshio Professor of Law, Chiba University, Faculty of Law & Economics, 法経学部, 教授 (50009833)
KOYAMA Noboru Professor of Law, Hokkai Gakuen University, Faculty of Law, 法学部, 教授 (60000642)
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| Project Period (FY) |
1986 – 1988
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| Keywords | Conciliation / Meditation / Political question / French law / Resolution of conflicts |
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| Research Abstract |
1. The purpose of this reserch is the franco-japanese comparative analysis of the administration of jusice besed on the mentality of nationalities, and could be fairly achieved through co-operative reserch of japanese investigators from 1986 and 2<@D1eme@>D2 journe<@D4,@>D4e juridiques franco-japonaises held in October 1988. Its consequences is now putting into order through the symposia reported in the famous journal named "JURISR" and will be soon published from YUHIKAKU.
2.(1) In civil and commercial law division, we could confirm the reason why the conciliation can play the important role in japanese conflicts-resolution system. In France, the principle that the legal dispute must be judged in front of both plaintif and defendant is strictly obseved, but in japan, to the contrary, both parties dislike the encounter with the other. (2) In labor law division, the difference of mentality is appeared in the different way as (1). In Japan, the representatived of labor and management can nogotiate for the common good, not only with the one-sided view. This circonstance cannot be acquired in France. (3) In constitutional and administartive law division, the role of judges in the dispute relationg to the political question is controversial problem both in France and in Japan. The appreciation of the principle that the court cannot refuse the judgement and the difference of the system of judicial review may relate this problem.
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