From Kujiyado and Gouyado to Daishonin and Daigennin

在江户时代，有一家叫久吉屋或古屋屋的旅馆。久治屋在大城市，古屋在地方城镇。在明治时期，代之而起的是大圣人和大玄仁。大正仁是代书人，大玄仁是律师。为什么会发生这种转变在这项研究中，我证明了以下事实。（1）迄今为止，许多学者关注的是久司屋堂和后屋堂在民事诉讼中的作用。但他们也承担了刑事诉讼的重要部分。明治政府完善了监狱制度，久司屋和古司屋完成了监狱的功能。(2)By顺便问一下，诉讼当事人花了多少天来进行诉讼？在这项研究中，我发现了一个历史材料，回答了这个问题。这是一份备忘录，是由一个金钱诉讼当事人在1870 - 4871年写的。直到这起诉讼得到解决，他花了大约一年的时间，不得不在东京住了194个晚上。(3)In明治初期，大玄仁不能处理刑事诉讼。有学者说是符合习俗的。但我们永远不会忘记，明治初期的刑事法院还没有现代化。但对戴根宁的审判在刑法上存在一定的问题。因此，Kujiyado和Gouyado的追随者无法通过考试，并从法院消失。

In Edo period, there were inns called Kujiyado or Gouyado. Kujiyado were at large cities, and Gouyado were at local towns. The litigants stayed them and were helped by their owner or clerks.In Meiji period, instead of them Daishonin and Daigennin appeared. Daishonin means the scrivener and Daigennin is lawyer. why this convert happened ?In this research I proved following facts.(1)Until now many scholars paid attention to the roles of Kujiyado and Gouyado on the civil procedure. But they took the important part of criminal procedure too. Especially they were used for the detention pending trial instead of prisons.The Meiji government improved the system of prisons, and the Kujiyado and Gouyado finished the role for detention.(2)By the way, Haw many days the litigants spent in pursuing their suits ? In this research I found a historical material which answered this question. It is a memorandum which was written by a litigant of money suit in 1870 -4871. Until the settlement of this suit, he spent about one year, and had to stay Kujiyado at Tokyo 194 nights.(3)In early Meiji period, the Daigennin could not deal with criminal procedure. some scholars said that they conformed to the customs. But we never forget the fact that the criminal court of early Meiji was not yet modernized. Essentially it had no room for adoption of pleading by lawyers.Nevertheless the ekamination for Daigennin had some questions on the criminal law. Accordingly the followers of Kujiyado and Gouyado could not pass the examination, and disappeared from the law courts.