2004 Fiscal Year Final Research Report Summary
Types of administrative suit and its procedure in early modern Japan
| Project/Area Number |
14520016
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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 | Ritsumeikan University |
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Principal Investigator |
OHIRA Yuichi Ritsumeikan University, College of Law, Professor, 法学部, 教授 (00102161)
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| Project Period (FY) |
2002 – 2004
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| Keywords | administrative suit / accusatory suit / petition / civil procedure / criminal procedure / suit for petition / conciliation / 不服申立「訴訟」 |
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| Research Abstract |
In the early modern time of Japan(Tokugawa period), there were three types of suits ; the civil suits, criminal suits and administrative suits. Administrative suits were something like petitions. This kind of suits was frequently filed to the public officers by the people. One of the most important types of administrative suits was the type of accusatory suit. People who were trespassed by some persons filed accusatory suits against the persons, and asked for the public officers to take appropriate measures. The procedure of accusatory suits was similar to these of civil suits in one phase, but in other phase, similar to those of criminal suits. It seemed that the officers needed both phases of procedures when they deal with the administrative disputes. This may be the Japanese style of administrative dispute resolutions. The procedure of administrative suits was the middle style between civil procedure and criminal procedure. We would say that the system of suits in Edo period was constituted by these three types of procedures.
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Research Products
(2 results)
