Abstract
The retrial system, which means 'Wiederaufnahme' in German law and intends to reverse a final judicial decision, has two stage of procedures in Japan. We can not see the formal trial until the retrial start is decided by the retrial claim procedure. The retrial claim procedure has all the more important meaning because it is the core of the retrial system. But in the retrial claim procedure, as we are expected to the interpretation that claimant is not guaranteed the right of assigned counsel, large majority of poor claimant can hardly exercise the right of retrial claim. This thesis has the following aim. It leads to the interpretation that the right of assigned counsel shoud be guaranteed the retrial claim procedure, if basing on the view of social rights-what is called 'Sozialrecht' in German law-in the defensive right. The construction of this thesis is as follows: 1. Summary 2. Traditional thoughts and their background 3. Anti-traditional thoughts and their background 4. Thought based on 'Sozialrecht'
