[Japan] Matsumoto Hirono, translated by Guo Meisong, Xiamen University press in 2012 August Edition
Japanese law classics
The personnel litigationAlso known asThe identity between litigationOn the status of relations, it is the dispute of adjustment object, the value orientation, the procedure, procedural law and procedural law, there are many different from common civil procedure.Therefore, many countries in the world and regions have separate personnel litigation procedure orFamily litigationThe program, thus, formed the double track operation program to resolve property relationship and identity relationship be quite distinct from each other.
Honorary Professor, Osaka City University professor Matsumoto Hirono Dragon Valley University (or better analysis studies and close, Mr.) "personnel litigation law" is the current Japanese personnel litigation law enacted after the most comprehensive interpretation of the Japanese personnel litigation law books.The first edition of this book was published in 2006 by the Japanese Hong Wen Tang press, apart from the introduction is divided into three parts.The main contents are as follows:
(1) the prologue mainly change, Japanese personnel procedure of personnel litigation jurisdiction from the local court family court, family court role conversion and the personnel litigation law will face the task of.
(2) the first part "about family cases and referee program" is divided into 2 chapters, the chapter on the family trial, mediation, the personnel litigation significance, personnel litigation case scope and personnel procedures, personnel of procedural law and the civil procedure law, the relationship between the personnel litigation procedure and procedure of family trial and mediation the relationship between the program in detail.
(3) second "basic principle and procedure of personnel litigation" is divided into 10 chapters, this part mainly pre mediation doctrine, doctrine of exofficio, non open trial principle, focus principle and the principle of direct trial procedure of personnel litigation special laws, personal jurisdiction, transfer, prosecutors to parties or to participate in the proceedings people participate personnel litigation, trial and appellate procedure of personnel litigation judgment, validity of expansion, decision right loss effects and problems are discussed.(4) third "all kinds of personnel litigation cases" is divided into 3 chapters, the main scope of the adjustment object of personnel proceedings are discussed.The adjustment object of personnel proceedings is not the book mentioned all the cases about the identity into the adjustment range, including litigation, litigation is the marriage relationship and the adoptive relationship related litigation, capacity of case does not belong to the scope of "forces".At the same time, the range of all types of personnel litigation and legal nature, subject of litigation, litigation interest, prove the effectiveness of responsibility and judgment are also discussed in detail.
Matsumoto Hirono(You better close, studies and analysis): born in 1946 in Japan Osaka Prefecture, is a famous contemporary Japanese civil procedure law.In 1968 graduated from the Osaka City University Faculty of law, taught in the school, lecturer, Faculty of law, associate professor, professor.It went to Freiburg University in Germany for further study for two years.In 2010, Osaka City University retired.Now a professor emeritus at the Osaka City University, Ryukoku University professor.Professor Matsumoto Hirono is a very keen academic research, writing, translated a lot of books and papers.In recent years, the representative has "the civil admission method", "the distribution of burden of proof", "Civil Procedure Law" and "the personnel litigation law" etc..
Guo Meisong: Associate Professor of Law School of Southwest University of Political Science and Law
MeshRecord
The translator's Preface
Author introduction
A new era of development have new personnel litigation law and family court One, family cases concentrated in the family court Two, the personnel litigation jurisdiction over family court Three, the family court look Four, the future face of the subject
The first part of the family cases and procedure The first chapter cases with various referee program about family The first section outlines The second section family trial The third section family mediation The fourth section personnel litigation The formulation and its problems, the second chapter of personnel litigation law of new personnel litigation law The first day of personnel litigation law The second section personnel litigation law significance The main contents of amendment third section personnel litigation law and its problems The relationship between fourth section personnel litigation law and civil procedure law The relationship between fifth section personnel litigation and mediation procedures, family procedure The relationship between sixth section personnel litigation and civil law, the household registration law
The basic principle and procedure of personnel litigation second series The basic principles of the first chapter of personnel litigation The first section introduction The second day limit and litigation dispose doctrine focused The third section exofficio doctrine The fourth section open doctrine (openness) and prohibits openly Section fifth (oral, verbal principle) The sixth Festival promotion procedure requirements and their relationship Seventh the human rights guarantee (guarantee) and third people to participate in the proceedings The second chapter family court and participation The first section of the family court The second section member qualification, selection and participation The third section on judges, court staff and participating member of exclusion and avoid matters The fourth section of the participating member leak trial secret sanction The third chapter territorial jurisdiction and jurisdiction of International (foreign-related) The first section of land (regional) jurisdiction To the second day action The third section of the international jurisdiction The fourth chapter party, litigation, and litigation, litigation action to inform Section 1 parties The second section personnel litigation ability The third section personnel litigation after exercise Fourth common litigation and litigation, litigation to inform The fifth section of litigation costs The fifth chapter of the first trial procedure of personnel litigation Established and not established the first mediation and conciliation The second section v. species and the benefit of litigation Mention third section v. The fourth section lawsuit effect The fifth section prosecutor in civil proceedings The sixth day oral argument and its preparation The seventh section to determine the facts The eighth section without judgment procedure end The ninth section according to the final judgment of first instance proceedings end The sixth chapter appeal The first section outlines In section second, the court of appeal Common legal elements of the third Festival appeal The fourth section appeal procedure in the party The fifth section interests change forbidden principle and incidental appeal The sixth section charges The seventh section appeal and appeal reason The eighth section appeal and appeal of acceptance of the application for acceptance of the application The Ninth Section appeal filed after the procedure The tenth day trial and appeal to a higher court The seventh chapter to determine the validity of judgment The first section of the validity of judgment The second festival of expansion of res judicata to third people The third section is not on the basis of res judicata, beyond the right loss effect of res Judicata The eighth chapter retrial The ninth chapter preservation The first section of personnel litigation cases and preservation The second section preservation ordered elements and types Procedure and validity of third measures of preservation The tenth chapter to ensure implementation and enforcement The first section outlines The second section to ensure the fulfillment Extended section third enforcement
Third kinds of personnel litigation The first chapter of marriage procedure The first section of marriage nullitysuit The second section marriage cancellation suit The third section for a divorce Paternity suit and divorce proceedings fourth day cancellation of marriage, children are specifiedTo solve the custody and property at the same time The fifth section of the agreement divorce invalid The sixth section of the agreement divorce lawsuit The seventh section of marriage status confirmation The second chapter parentage action The first section outlines The second section De Ko denied v. The third section child claim lawsuit Lawsuit and claim fourth claim invalid cancellation suit The fifth day father determined action The sixth section parent-child relationship existence confirmation The third chapter adoption proceedings The first section outlines The second section adoption invalid The third section revocation of adoption of V. The fourth section from the edge of V. The fifth section of the agreement from the edge of invalid The sixth section of the agreement from the edge of the revocation The seventh section adoption relationship existence confirmation