法社会学
Online ISSN : 2424-1423
Print ISSN : 0437-6161
ISSN-L : 0437-6161
司法政策決定過程における日弁連のスタンスとその特徴
1990年以降を中心に
飯 考行
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ジャーナル フリー

2004 年 2004 巻 61 号 p. 132-146,218

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In this paper, the stance and character of Japan Federation of Bar Associations (JFBA) in judicial policymaking process mainly after 1990 are considered through the examination of the discussion toward increase of the legal population, disciplinary procedures of lawyers and other issues. In chapter II the overview of judicial policy making in Japan and the organization of JFBA toward legal reform are discussed. Judicial matters had been decided in accordance with the wishes of the three branches of the legal profession until 1997. JFBA has opposed to the views of the courts and the public prosecutors offices, but began to state the necessity of judicial reform in 1990 and strengthened the internal organization to promote the statement. In 1999 the Justice System Reform Council (JSRC) was established under the Cabinet and the recommendations of JSRC became the basis to reform the judicial system and JFBA supported JSRC and the judicial reform of the Cabinet. In chapter III some examples of the reform in the past are considered. And in chapter IV, the stance of JFBA to judicial policy making is discussed and pointed out that it has been directed by the governing body of JFBA. And the character of JFBA and its exclusive, powerless, public and democratic natures are analyzed. Finally, the significance of the study of bar associations is stated in chapter V.

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© 日本法社会学会
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