[Japan] Matsumoto Hirono, Guo Meisong translated: "Japanese personnel procedures"

Japanese personnel procedures

 [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.

 



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Author brief introduction

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

 

Attached: Japanese personnel litigation law