民事訴訟手続過程における弁護士の行為規律の実効化手段に関する一考察

概要

論文の詳細を見る
Recently, the problem of regulating attorneys' conduct in civil procedure to shorten the term of trial and enrich the content of civil action is clearly argued among scholars of the law of civil procedure and practitioners in Japan. In this circumstance, I think that there are some questions for deepening inquiry of this problem. In this article, I aim at clarifying these questions and suggesting some tentative idea about these questions, especially the question of the form of system for regulating attorneys' conduct in civil procedure. In chapter 1, first I confirm ideal conducts of attorneys in Japanese civil procedure by looking back upon recent civil justice reforms in Japan. Next, I clarify the existence of questions about regulating attorneys' conduct in civil procedure. In chapter 2, I confirm present arguments about regulation of attorneys' conduct which are argued about concrete process and whole procedure of civil action. In chapter 3, I analyze the arguments which I confirm in chapter 2 by using the framework of the U. S. scholar, David B. Wilkins, and suggest tentative idea about the form of system for regulating attorneys' conduct in civil procedure. In final chapter, I summarize the conclusion of this article and suggest some questions which should be studied to deepen the inquiry of the problem of regulating attorneys' conduct in Japanese civil procedure.
北海学園大学の論文
2006-06-30