일본 민사소송법상 “쟁점 및 증거정리절차”의 고찰을 통한 새로운 방향의 모색

Abstract

A Civil Proceedings Act was revised preparatory proceedings with a form to carry out necessarily(It has been usually called “a new model”). In other words, to support this, the above Act is revised, and it was enforced from 2002.7.1. The procedure is very useful for solving the civil problems. But in the comparison with other legal system, it`s very strict so it can lack in versatility for problems solving. Therefore, I thought to make this article to grope for a new direction and to find versatility of a system of our country through the actual situation about an equal system of other countries.For that purpose I have written “a rearranging procedure of an issue and evidence” of Japanese legal pretrial clause. Because firstly studying the Japane- se legal trial clause, I thought to do new direction grope through a new system and comparison of our country. And secondly Koerans system is very much the same with Japanese public speaking preparatory proceedings(an issue and contents for an evidence rearranging procedure). Koerans system is the differ- ence in Japanese system. Because Korean system is accepted as very stiff as for it`s understanding.However, in charge of a duty to accomplish a function of the compulsion, the public speaking preparatory proceedings is very important by an umpire process. But it`s important to prevent administration in a public speaking fixed date of waste of trail through this procedure again, but public speaking preparatory proceedings of other forms cannot still deny that it is worse by an admi- nistration manner of a judicial officier.Therefore, I agree that it enforces a rearragnging proceduere of an issue and evidence basically, and it is necessary to change public speaking preparatory proceedings process with a form of procedure by judgment of efficiency of the judicial officier than in principle administrative compulsion for this procedure of the Civil Proceedings Act.