Social-Psychological Study on Dispute Resolution and Procedural Justice

美国对争议解决过程中的程序正义进行了大量的社会心理学研究。这些研究反复表明，对抗制更受青睐。自20世纪70年代末的《S》以来，研究背景已经从诉讼或争议解决领域扩展到社会组织内的其他决策过程。但到目前为止，对这些研究的跨文化扩展还很少。我在梁和林德的研究基础上，以日语为被试进行了两次情景实验。每次实验的受试者数量约为160人。数据分析采用方差分析(ANOVA等)。一方面，被试对对抗制评价较高；另一方面，对抗制的公正率(程序公正性和结果公正性)并不高于审讯公正制。这意味着日本人不喜欢对抗制。日本被试在与对方对峙时表现出不愿发表观点的感觉。最后，程序控制的基本含义和定义是程序正义研究中的一个关键概念，日本人的过程控制概念似乎是(1)与决策控制没有区别，(2)防御性而不是积极的。日本人的过程控制概念不是一种“声音”或“表达观点的机会”的感觉。

Many social-psychological studies on procedural justice with regard to dispute resolution have been conducted in the United States.They demonstrated repeatedly that the adversary system was clearly preferred.Since the latter part of the 1970's, research settings have been extended from the area of lawsuit or dispute resolution to other decision making process within social organizations.However,little has been done up to now to extend these studies cross-culturally.I conducted two scenario experiments using Japanese subject based on Leung and Lind's study.The number of subjects in each experiment was around 160, and they were divided into four or five experimental groups and a control group.Data were analyzed using variance analysis(ANOVA etc.).On one hand,subjects highly evaluate the adversary system.On the other hand,they did not the rate of fairness(fairness of procedure and fairness of outcome) of the adversary system higher than that of the inquisitorial system.It means that Japanese people do not prefer the adversary system when it is characterized as confrontation.Japanese subjects appear uncomfortable with presenting their views in a confrontation with the opposing party.Finally,the fundamental meaning and the definition of process control,a key concept in study of the procedural justice,seems to be different between American and Japanese subjects.The Japanese conception of process control seems to be (1) not distinguished from decision control,and (2) defensive rather than positive.Japanese notion of process control is not a sense of "voice"or"opportunity to present their views".