Grant-in-Aid for Scientific Research (A).
|Research Institution||Osaka City University|
ISHIBE Masasuke Osaka City university Faculty of Law Professor, 法学部, 教授 (90046970)
池田 恒男 大阪市立大学, 法学部, 教授 (60092128)
ASADA Kazushige Osaka City University Faculty of Law Professor, 法学部, 教授 (70067734)
TERADA Masaharu Osaka City University Faculty of Law Professor, 法学部, 教授 (00047375)
MATSUMOTO Hiroyuki Osaka City University Faculty of Law Professor, 法学部, 教授 (70047380)
MITSUDO Kageaki Osaka City University Faculty of Law Professor, 法学部, 教授 (10046930)
NISHITANI Satoshi Osaka City University Faculty of Law Professor, 法学部, 教授 (70047314)
|Project Fiscal Year
1990 – 1991
Completed(Fiscal Year 1991)
|Budget Amount *help
¥9,500,000 (Direct Cost : ¥9,500,000)
Fiscal Year 1991 : ¥3,500,000 (Direct Cost : ¥3,500,000)
Fiscal Year 1990 : ¥6,000,000 (Direct Cost : ¥6,000,000)
|Keywords||Germany / Procedure / Dispute / Legal Proceedings / Mediation / Law-Making / Reform of Civil Procedure / ドイツ / 手続 / 粉争 / 訴訟 / 調停 / 法の形成 / 民事裁判の改善 / 紛争 / 和解|
Comparative study between germany and Japan upon the issues of law and procedure have done. We present several conclusion that follows.
(1) ON LAW-MAKING IN CIVIL PROCEEDINGS.
(A) We reexamined the mechanism of Law-making from the viewpoint of sources of the law. We considered that parties in litigations should take the initiative in law-finding process. We, thus, proposed the procedural reform in order to guarantee that legal arguments in the court room should by developed in to to.
(B) It is proposed that the judgment which made a new law has certain binding effect. That is : Judges in the court required to decide upon cases in the similar situation to the case in which the new law was made have to present substantial reasons if they decide to apply different law to the case-at hand.
(2) ON THE WAY OF RESOLVING DISPUTES IN CONSUMER PROBLEMS.
The Special committee should be established in order to guarantee effective remedy to cases of small number. Consumer Groups, representatives of the
industry and impartial third parties should be members of the committee. Running cost of the committee should be independent of the industry.
(3) ON LABOR DISPUTES.
There is a tendency that labor disputes are resolved more through non-legal method rather than legal channel. Two interrelated reasons can be pointed out : 1) It takes a long time before courts or labor commission give final remedies because of some defects in the proceedings. 2) Many aspects of labor relationship are still unclear from the legal standpoint. Thus, legalization of labor relationship should be promoted.
(4) ON MEDIATION.
Having analyzed mediation from the standpoint of history and comparative law, the establishment and success of the system cannot be explained only by the characteristics of Japanese people, such as the tendency of declining to claim one's rights. There are many factors which supports the system of mediation. Prior to the amendment of the system, examination of each factor, it is considered, is required. As for functions of mediation, it is pointed out that, besides filling a gap between substantive law and remand from a real world, the system may suggest the direction for the law-making in the future. Less