2003 Fiscal Year Final Research Report Summary
A Comparative Study of Judicial Reform in Russia and Poland : Institutional Expansion and Functional Disorder
| Project/Area Number |
13620004
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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 | The University of Tokyo |
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Principal Investigator |
KOMORIDA Akio The University of Tokyo, Institute of Social Science, Professor, 社会科学研究所, 教授 (30103906)
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| Project Period (FY) |
2001 – 2003
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| Keywords | Judicial Reform / Russian Law / Polish Law / Systemic Transformation / Constitutional Review / Judge / Attorney / Comparative Jaw |
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| Research Abstract |
During the recent 20 years or so, the judicial systems in Russia and Poland have grown out of the Soviet model and been drastically transformed. Along with recognition of the principle of separation of powers, the concept of judicial power has been established. It means that, on the one hand, jurisdiction of courts, "shrunken" under the Soviet model, has been considerably expanded as a result of introduction of administrative, economic and constitutional procedures. On the other hand, a mechanism of securing of independence of judges, especially a selecting system of judges with a decisive participation of their selfgoverning body, was created. In both countries, however, credibility of the judicial system as a whole in the eyes of citizens is considerably low, and in this sense it is situated in a kind of crisis. Such a low credibility can be explained by difficulties in access to court, delay in dealing with lawsuits, doubt as to fairness of court decisions, ineffective execution of decisions and so on. They are caused largely by insufficient financial support of the judicial system as whole. But, there is another, more delicate problem, that is a problem of how to guarantee high quality of work of judges and sufficient number of attorneys. Here is questioned functioning of selfgoverining body of lawyers. In these issues difficulties appear and solutions are sought dependently on the tradition in each country.
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Research Products
(8 results)
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[Journal Article] Lawyers in Poland2003
Author(s)
KOMORIDA Akio
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Journal Title
Comparative and Socio-Legal Study of Lawyers, (Seigo HIROWATARI, ed., University of Tokyo Press)
Pages: 257-293
Description
「研究成果報告書概要(欧文)」より
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[Book] 現代ロシア法2003
Author(s)
小森田秋夫(編)
Total Pages
344
Publisher
東京大学出版会
Description
「研究成果報告書概要(和文)」より
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