KONTANI Koji Professor Faculty of Law, Hiroshima University, 法学部, 教授 (00033738)
IKEDA Tatsuo Professor Faculty of Law, Osaka University, 法学部, 助教授 (50135638)
ISHII Shiro Professor Int'l Research Center for Japanese Studies, 教授 (00009797)
KAWANO Masanori Professor Faculty of Law, Tohoku University, 法学部, 教授 (00047739)
SEGAWA Nobuhisa Professor Faculty of Law, Hokkaido University, 法学部, 教授 (10009847)
加藤 雅信 名古屋大学, 法学部, 教授 (70009819)
松下 淳一 学習院大学, 法学部, 助教授 (70190452)
植田 信廣 九州大学, 法学部, 教授 (70125996)
三谷 忠之 香川大学, 法学部, 教授 (40067921)
This workshop, consisting of specialists on civil procedure, civil law, legal hiscory and documents preservation, discussed how to conserve and to utilize the civil judgment files from the Meiji Era onwards to the World War II period deposited temporarily at the ten natinal law faculties by the courts which decided on shredding them, and reached the following conclusion :
1.Comparative study of archives on various countries (Germany, France, Italy, United Kingdom, Sweden, United States, South Kores, Taiwan, Panama, etc.) revealed that in great majority of countries civil judgments are preserved in national archives along with documents of legislative and administrative origin. It would be, therefore, highly irregular if the universities are constrained to hold the civil judgments on permanent basis.
2.Also in view of the results stated above the working group agreed on the conclusion that a national archive specializing in the documents of the courts is to be founded on parallel with the
existing National Diet Library and the National Archive.
The opinion was devided however, on whether the judgment files from all over the country should be concentrated on one single sites, or be deposited at several local branches.
3.The working group agreed further upon the guideline acccording to which the judgment files were to be utilized during the temporary deposition at the universities. In course of the discussion particular attention was paid to the protection of privacy contained in the civil judgments. The depositary faculties consented to put the judgment files to academic use according to the standards established by the guideline.
4.In order to surmount the difficulty in accessing the relevant judgments amongst numerous files, it is necessary to make a computer database of the civil judgments. The working group decided on a database of the judgments from 1870 to 1890, containing the whole visual data in color of every document and the information identifying it. The International Reseach Center for Japanese Studies, a national institute in Kyoto, took over the project for database construction.
5.Finally, the specialist on preservation of historical documents took necessary first-aid measures to ensure that the judgments files be immuned from heat, moisture, insects etc. Less