2017 Fiscal Year Final Research Report
Collection of Evidence in Civil Procedure and Discipline of Substantial Law in Derivative Actions
Grant-in-Aid for Scientific Research (C)
|Project Period (FY)
2014-04-01 – 2018-03-31
|代表訴訟 / 文書提出命令 / 証拠収集
|Outline of Final Research Achievements
It is found that the much deeper analysis should be necessary to approach closely and exactly to this research topic, since the topic is concerning to the basis of civil procedure law, not only covered by corporate law regime.
The basic ideas concerning to collection of evidence are completely different between in the Anglo-American law and Japanese law. In the Anglo-America jurisdictions, the basic idea is that all relevant evidence should be shared by the parties on the table of trial courts. In contrast, in Japan, parties who have a burden of proof have to collect necessary evidence to support the claim by themselves under the traditional adversarial system.After close examination on the above difference, the ideal or more appropriate regime on the collection of evidence should be searched.
|Free Research Field