| Project/Area Number |
13620002
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| Research Category |
Grant-in-Aid for Scientific Research (C)
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| Allocation Type | Single-year Grants |
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| Section | 一般 |
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| Research Field |
Fundamental law
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| Research Institution | Tohoku University |
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Principal Investigator |
YOSHIDA Masashi Tohoku University, School of Law, Professor, 大学院・法学研究科, 教授 (30113872)
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| Project Period (FY) |
2001 – 2003
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| Project Status |
Completed (Fiscal Year 2003)
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| Budget Amount *help |
¥3,400,000 (Direct Cost: ¥3,400,000)
Fiscal Year 2003: ¥700,000 (Direct Cost: ¥700,000)
Fiscal Year 2002: ¥1,000,000 (Direct Cost: ¥1,000,000)
Fiscal Year 2001: ¥1,700,000 (Direct Cost: ¥1,700,000)
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| Keywords | Kujiyado / Gouyado / Daishonin / Daigennin |
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| Research Abstract |
In Edo period, there were inns called Kujiyado or Gouyado. Kujiyado were at large cities, and Gouyado were at local towns. The litigants stayed them and were helped by their owner or clerks.
In Meiji period, instead of them Daishonin and Daigennin appeared. Daishonin means the scrivener and Daigennin is lawyer. why this convert happened ?
In this research I proved following facts.
(1)Until now many scholars paid attention to the roles of Kujiyado and Gouyado on the civil procedure. But they took the important part of criminal procedure too. Especially they were used for the detention pending trial instead of prisons.
The Meiji government improved the system of prisons, and the Kujiyado and Gouyado finished the role for detention.
(2)By the way, Haw many days the litigants spent in pursuing their suits ? In this research I found a historical material which answered this question. It is a memorandum which was written by a litigant of money suit in 1870 -4871. Until the settlement of this suit, he spent about one year, and had to stay Kujiyado at Tokyo 194 nights.
(3)In early Meiji period, the Daigennin could not deal with criminal procedure. some scholars said that they conformed to the customs. But we never forget the fact that the criminal court of early Meiji was not yet modernized. Essentially it had no room for adoption of pleading by lawyers.
Nevertheless the ekamination for Daigennin had some questions on the criminal law. Accordingly the followers of Kujiyado and Gouyado could not pass the examination, and disappeared from the law courts.
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