A Study of the multilitigation in the Japanese civile procedure -Real party in the interest, joinder of Parties, res judicata and due proces of law-

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The Japanese civile procedure hat so many types of multiparty-litigation. For exsample, there are necessary party (hituyoteki-kyodososho) and indispensable party (koyu-hituyoteki-kyodososyo) in the joinder of parties (kyodososho, (section)(section)59-63 in the rules of japanese civile procedure), and in the intervention there are hojosanka (and kyoudososhoteki-hojosanka, (section)(section)64-70), dokuritu-tojisha-sanka ((section)(section)71-74, like as Inerpleader and Impleader), kyodo-sosho-sanka ((section)75) and sosho-kokuchi ((section)(section)76-78, like as compulsory joinder).This resarch deals with these institutions especially between to the actual dispute. We are accustomed to use the japanese civi multiparty system in the view of two-parties-dispute-resolution, so that the function of Multilitigation-System is fullwidthy reduced, especially in the japanese judicial cases. In this article, I have drawed the conclusion from the resarch for several judicial cases, that multiparty litigation system hat to be used not by analogy with two-parties-system, but in the relationship to the real dispute.