近年，我が国では，人口減少・少子高齢化に伴う空き家問題が大きく取りざたされている．平成26年度「空家等対策の推進に関する特別措置法」の施行により，都市計画やまちづくりの中で，行政やNPO，住民組織らがこの空き家問題に取り組んでいるが，計画的に除去・利活用が図られているとは言い難い状況がうかがえる．一方で，不動産登記を扱う士業として，司法書士らがこれらの課題に対し，土地に関する多くの知見を持っているものの，有者不明土地へのアプローチにおいて，単に事を進められない等の課題も山積している状況である．これらの状況を踏まえ，本稿では，司法書士のまちづくりや空き家対策への関心度，実践してみたいか否かに関する調査を基に状況を整理し，第三者的関わり方の可能性を探ると共に現状の課題を明らかにした．

抄録全体を表示

The present article analyzes the impact of the recent judicial reform on the rural community of Japan. It is based on the multi-methodological study project on rural justice in contemporary Japan. The project has been financially supported by JSPS no. 15330004 and the 21st Century COE program for Kobe University.
Firstly, the article reviews the major reforms in national law level. Though Japan has long been suffered from shortage of formal legal resources, the situation is rapidly changing because of the national judicial reform movement in last 10 years. The number of lawyer (bengoshi) in 2005 has increased by 50% compared with that of 1990: The Japan Federation of Practicing Attorneys (Nichibenren) has established the legal advice centers in all jurisdiction of local courts. The regulatory restrictions have been removed in such areas of advertisement and fees: The government enacted the "the comprehensive legal support act" in June 2004. However, the availability of legal services is still severely limited in small towns and cities in non-metropolitan areas.
Secondly it examines the nation-wide distribution pattern and its changes, for 1998 to 2002 period, of attorneys (bengoshi) and judicial scribners (shihoshoshi) in local court jurisdictions, and it finds that the attorneys are more concentrated in largest metropolitan areas than the judicial scribners; however, the number of judicial scribners is increasing in more of the urban areas and decreasing in more of the rural areas than the attorneys.
Lastly it qualitatively describes how the legal problems are resolved almost without resorting to attorneys in rural areas by reporting 4 case studies of small cities in rural areas. People in those areas usually rely on judicial scribners for legal remedies for such troubles as consumer problems, domestic violence, and debts. They also ask advices of the local police, local government's, especially the consumer protection agencies and their branches. In each of those areas, one or two active attorneys recently opened the publicly funded office of law in the community. It is also noticeable that not a small number of people hesitates to ask advice to the "foreign" attorney even in serious legal troubles.

抄録全体を表示

It is generally thought that large companies have a more powerful influence on policy making than citizens’ groups in contemporary Japan. In 2006, however, it was decided that the maximum interest rate should be lowered, which the groups aiding victims of consumer lending asked for but which the consumer loan companies strongly opposed. How did ‘weak’ citizens’ groups win against ‘strong’ large firms? Through analyzing this case, this article examines the political influence of large corporations and citizens’ groups.
  This article is organized as follows. To begin with, it traces the history of regulations on the maximum interest rate. Next, it depicts the political process of abolishing the ‘gray-zone’ interest rates in 2006. Finally, it examines the resources of the consumer loan companies and the success factors of the groups aiding victims of consumer lending by comparing this case with the case of ‘defective cars problem’ analyzed by Hideo Otake.

抄録全体を表示