2004 Fiscal Year Final Research Report Summary
Zum Brueckenbau zwiscshen Zivilprozess und Sragprozess.
| Project/Area Number |
14520059
|
|---|
| Research Category |
Grant-in-Aid for Scientific Research (C)
|
| Allocation Type | Single-year Grants |
|---|
| Section | 一般 |
|---|
| Research Field |
Civil law
|
|---|
| Research Institution | Tbhoku-gakuin University (2003-2004)
Shimane University (2002) |
|---|
Principal Investigator |
SITO Tetsu Tbhoku-gakuin University, 法務研究科, Prpf. (70235050)
|
|---|
| Project Period (FY) |
2002 – 2004
|
| Keywords | Schweigepflicht / Saibaiin / Geschaeedigte / Schlichtung / Entschaedigung / Richter / Schoeffen / Prozessrecht |
|---|
| Research Abstract |
The original of the translation three points is writing of propeller Nils Christie of the detective reconciliation procedure in Norway. There is a system that tries the reconciliation of the criminal case with reconciliation on civil affairs in Norway though private citizen's claim system and victim participation system in the criminal trial were enforced in Japan as part of the reform of the judicial system. Positive professor Christie of the criminal policy of the Oslo university is a person who establishes the spiritual foundation in Norway, and it is thought that the above-mentioned translation is significant to know the thought of uniting the procedure of civil affairs and the detective.
An original target function of the summary court and the announcement in the future are the positions, the numbers of courts in our country, and should whats in the object of the comparison from the viewpoint of the access of the court from which everything it reported about shape based on the investigation of Germany and Britain as for positional circumstances of the court in these countries.
Saibanin is designed, the obligation to keep secrets presents the public attention at the people along with enforcement, and the discussion about the collection approval or disapproval presents briskness. However, an enough fundamental study has not been performed about the obligation to keep secrets yet. It goes back to the judge of a German system who it is a difference, and is the mother method country of the obligation to keep secrets in relations citizens' judicial participation systems and them of the occupation judge and the histories of the obligation to keep secrets, and a historical meaning is searched and, up to now, has been discussed with civil affairs and the detective in Japan. It is the one to offer basic material concerning the attitude to the obligation to keep secrets of the judicial authority in the civil affairs procedure in the future and the detective procedure.
|
Research Products
(6 results)
