民事裁判手続きにおける関係性要因の検討--支援者としての裁判官評価

概要

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According to the group value model (Tyler & Lind, 1992), disputants who are able to confirm own group identity through proper treatment by group authority would perceive procedural justice and become more willing to accept group decisions. On the other hand, based on the social exchange model, people who are involved in disputes should expect support from group authority, and believe that they are entitled to governmental protection against injustice if they have supported the group. In this study, we predicted that sympathetic treatment by the judge in a civil action would have the effect of making disputants feel that their rights were protected, in addition to confirmation of own group identity. We asked 100 people who had experienced a civil trial, to rate the judge, procedure and final judgment, in order to examine the effects of sympathetic treatment by authority. Results of data analysis supported the group value model with respect to the overall satisfaction of the trial, and the social exchange model with respect to perceived justice of judges' final judgement.