A Research for the civil litigation through "Experimental circuit court"

1 .我们进行了2场“实验法庭”模拟游戏。其中许多法学家（律师、法官、教授）和司法书记员根据自己对民事诉讼的思考进行互动。通过两次模拟，解决了谈判过程中的许多问题。我们在网上通过口头或电子邮件的方式进行了讨论，并发表了两篇用日语进行的讨论和模拟的报告和一篇用英语和日语进行的总结报告。我们还在internet上通过Web发布了它们通过研究，我们可以得出以下结论。(1)在法庭上，委托人比代表委托人的律师多发言是非常重要的，但由于对未来的焦虑，他们也很难做到。所以我们必须开始思考球场上的基本态度和气氛，比如“如何互相说话”。(2)在妥协中，当法官试图逐一面谈时，增加了双方当事人，特别是双方委托人的焦虑，但只有律师之间使用司法语言进行谈判是必要的。(3)考虑到这些本质，我们会发现，我们应该明确违背理想理论的实践制度，我们应该讨论“法律职业之间的虚拟协议”的必要性和局限性。

1 We had 2 simulation games of "experimental court". In which many jurists (lawyer, judge, professor) and judicial scriveners made interactions according to their own thought aout a civil litigation. Trough the 2 simulations, many problems about a process of negotiations were closed up. We discussed about them by oral or by E-mail on internet, and we published 2 reports of our discussion and the simunlation by Japanese words and a summary report by both of Eglish and Japanese. And also we have published them by Web on internet.2 Through the research we can conclude as following.(1) In the court, it is very important for the principals to speak more rather than a lawyer who represents principals, but it is also very difficult for them to do because of the anxiety for the future.So we must start to think about the fundamental attitude and atmosphere in the court like as "how to speak each other".(2) In the compromise, when the judge attempts to interview one-by-one, it increases the anxiety of both parties, especially that of both principals, but it is necessary to negotiate between only lawyers using judicial languages.(3) Thinking all of those essences, we will get findings that we should make clear the system of practice betraying the ideal theories, and we should discuss about the necessity and an limitation of an "virtual agreement between legal professions".