1997 Fiscal Year Final Research Report Summary
A Study on the High Rate of Litigation in Germany
| Project/Area Number |
08620009
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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 | Osaka City University |
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Principal Investigator |
SATO Iwao Osaka City University, Faculty of Law, Associate Professor, 法学部, 助教授 (80154037)
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| Project Period (FY) |
1996 – 1997
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| Keywords | Litigation Rate / Judiciary / Legal Culture / Legal Institution / Legal Organization / Association / Germany / Comparative Sociology of Law |
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| Research Abstract |
This socio-legal study aims at analyze the grounds of the high rate of litigation in Germany, by comparing the legal system of Japan and Germany. The findings of this study are summarized as follows :
First, the litigation rate in Germany is much higher than that in Japan -in civil case : Germany 18 to Japan 1, in in labor case : Germany 456 to Japan 1administrative case : Germany 266 to Japan 1 (1990).
Secondly, the preceding studies pointed out the cultural factor and the institutional factor as the grounds of the high rate of litigation in Germany. This study demonstrates that German legal institutions make the litigation very available for common citizens by reducing the cost of litigation dramatically, while there is very little evidence that shows the crucial influence of cultural factor on the litigious behavior of Germans.
Thirdly, in Germany various type of associational organizations, for example consumer organizations, tenant organizations, social welfare organizations, environment protect organizations, community based organizations, social movements, and network organizations powerfully empower the litigation of the individuals. It is the most significant findings of this study that these associational organizations play the very important role in legal behavior of the individuals.
Finally, this study come to the conclusion that the institutional factor and the organizational factor, independently of the cultural factor, influence on the high rate of litigation in germany.
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