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An attitude survey on civil litigation system

对民事诉讼制度的态度调查

基本信息

批准号：
15530061
负责人：
SUGAWARA Iuka
金额：
$ 2.11万
依托单位：
Nagoya University
依托单位国家：
日本
项目类别：
Grant-in-Aid for Scientific Research (C)
财政年份：
2003
资助国家：
日本
起止时间：
2003 至 2004
项目状态：
已结题

来源：
https://kaken.nii.ac.jp/en/grant/KAKENHI-PROJECT-15530061/
关键词：
access to justice judicial reform user evaluations citizen's evaluation on judges citizen's evaluation on lawyer an attitude survey litigation avoidance 民事訴訟法意識訴訟制度評価手続法公正司法制度評価

项目摘要

The Japanese Justice System Reform Counsel had conducted an attitude survey on civil litigation system to parties of civil litigations. The results had published in 2002. This study has conducted an attitude survey on same topics to persons who had no experience of litigation. Questionnaire is almost same as the Council's survey and the place where survey had conducted is also same 20 cities as former Council's survey. 4000 anonymous questionnaires had distributed by mail and 1273 respondents answer the questionnaires. The response rate was 31%The results showed several important findings. People who had no experience of litigation had same expectation to litigations as people who experienced a litigation. Both of them expected to get fair resolution and clear decision on what is right or wrong. People who have no experience having legal problem feel difficulty to find their lawyer. 80% respondents who had no legal problem said they fill have difficulties to find their lawyer when they … More encounter a legal problem in the future. This result is much different from that of the Council's survey. Evaluation of litigation process is different between ex-litigants and other citizen. People who had no experience of litigations evaluate more negatively the process than ex-litigants. Lawyers are also evaluated more negatively by people who had no experience of litigation than ex-litigants. On the contrary, people who had no experience of litigations evaluate judges more positively than ex-litigants. They trust judges more than ex-litigants. Evaluations on the results of litigations are not so different between ex-litigants and people who had no experience of litigations. However, people who had no experience of litigations think more often than ex-litigants that the results of litigations are sometimes conflict with common sense. Evaluations on judicial system as a whole are not so different either between people who had no experience of litigations and ex-litigants. Both of them evaluate the function of judicial system very low and not satisfied very much. Only 20% of respondents satisfy even in case of non-litigation persons. When results of Council's survey were published, some practice lawyers pointed out that the negative evaluation of litigants on judicial system came from dissatisfaction or frustration of loser parties. However, based on present results of this survey, such reasoning is not correct, because even the persons who had no stakes with the results of the litigation evaluated negatively as same as ex-litigants. According to these results, we have to find another reason of people's low support for the judicial system. Less

日本司法制度改革委员会对民事诉讼当事人进行了一次关于民事诉讼制度的态度调查。结果于2002年公布。本研究以无诉讼经验的人士为对象，就相同题目进行态度调查。问卷调查与理事会的调查几乎相同，调查的地点也是与前理事会调查相同的20个城市。共邮寄匿名问卷4000份，1273人回答问卷。有效率为31%。没有诉讼经历的人与经历过诉讼的人对诉讼的期望是一致的。他们都希望得到公正的解决和明确的决定是对还是错。没有遇到过法律的问题的人很难找到他们的律师。80%没有法律的问题的受访者表示，他们填写时很难找到他们的律师， ...更多信息遇到法律的问题。这个结果与理事会的调查结果有很大的不同。诉讼当事人对诉讼过程的评价不同于其他公民对诉讼过程的评价。没有诉讼经验的人比前诉讼当事人对诉讼过程的评价更负面。没有诉讼经验的人对律师的评价也比前诉讼当事人更负面。相反，没有诉讼经验的人对法官的评价比前诉讼人更积极。他们更信任法官而不是前诉讼当事人。前诉讼当事人和没有诉讼经验的人对诉讼结果的评价并没有太大差异。然而，没有诉讼经验的人比以前的当事人更经常地认为，诉讼的结果有时与常识相冲突。无诉讼经验者与无诉讼经验者对司法制度整体的评价亦无显著差异。他们对司法制度的作用评价很低，不甚满意。即使在非诉讼人的情况下，也只有20%的受访者表示满意。当理事会的调查结果公布时，一些执业律师指出，诉讼当事人对司法制度的负面评价来自于败诉方的不满或沮丧。然而，根据目前的调查结果，这种推理是不正确的，因为即使是与诉讼结果没有利害关系的人也与前诉讼人一样给予负面评价。根据这些结果，我们不得不找到另一个原因，人们对司法制度的支持率低。少