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i Litigation

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i ijAOO^AfAB Litigation (lawsuit) is to engage a third party other than the parties in conflict to resolve the conflict in the decision to enlist, so that the procedures. `~B A self-help to the antonym. A i@sgAwiIiA A A aB Today, by the exercise of the right to justice of the state, a good case that the procedures for solving disputes in force against the power of mediation, arbitration, to be distinguished and reconciliation.

L`iiA sB And even in the narrow sense that the only legal and procedural rulings of the court in a broad sense, and is distinguished from other procedures enforceable.

Contents

[ W ] Classification

L^Q See the sign recorded incidents

iAeB Case is identified as the following as the main target of the conflict.

i Civil litigation
lWA @KpiB Every conflict on the relationship between my life and practice in order to resolve the application of private law. IYgWAAWi AFmAeqWji^A liB Specifically, the conflict of interest and on the relationship between identity and conflict on the property, of which, family relationships (divorce, recognition, and the Existence of the parent-child relationship) for the types of litigation to resolve disputes regarding the designation of the case to litigation and personnel there.
Yi Criminal Procedure
lFAYmiB The crime of qualified people to determine, proceedings of the court order to determine whether orSUBEKI whether the punishment for it. lAl^`lAld_Ai@R@i@li\pB To be a matter between the state and private, may be not even a private individual involved in the proceedings, in modern terms of respect for human rights, and as a party defendant and prosecution agencies and institutions to separate the trial and prosecution agencies structure is used as opposed to litigation.
si Administrative Litigation
s@WisjiB Dispute concerning the administrative law (administrative conflict) in order to resolve the proceedings. i@W@K_AiB The point of discipline by public law in relation to the case law that will distinguish them from civil lawsuits. s@Aei@dAs@i@B For organizations dealing with administrative disputes, in the different weight of the role of the judiciary of each country, there is a court dealing with the usual government agencies dealing with. {A@si@B In Japan, there is a lawsuit as administrative law.
@i Constitutional Litigation
@_iB Legal issues and constitutional interpretation. A^Ai@n@f@i @ ju^B However, this type is usually the courts and judicial institutions to deal with the decision by the constitutional system (Constitutional Court) is the type to be meaningful if it is installed. {AiKp@tI@fxitIRjpAiIfB As Japan, the system determines that the Constitution only if incidental to the unconstitutionality of the law that applies in civil cases in general (screening system unconstitutional collateral) is used, such as civil litigation and the meaning set forth in parallel.

[ W ] R\ adversary structure

iAA@oAOqisB The case is, in principle, to appear in court by a party opposed to the progress of each state a claim before a judge. RAisi_ AYiYAmJvi J jB And good adversary for this, civil litigation or administrative action date for hearing, in criminal cases is the date the appropriate court, which require the public to ensure fairness of procedures (public trial). Ai_Isii_ AYi jRYAOJvB The procedures for the disposal of evidence and legal issues in the case (hearing preparation procedures in civil litigation, trial preparation procedures in criminal cases) is not applicable to the adversary, the disclosure of non-parties are not required.

[ W ] i The role of legal entities

i^iijRf@i jAi^S_Ai^`A^E`@B Those involved in litigation (legal entity) is an institution in the trial judge (court), divided the parties and, in terms of how to share the role of one or provide leadership in the suits, which led the court and give the adversary the right to party, have opposed the legislation and policy provide for a court's authority.

iARe`pAis`E`B For civil cases, the content of the hearing is to adopt a common adversary, the procedure is about the process which appears to be a case based on principle and authority based on the principle that parties to cases.

YiARYA_AE`B Criminal cases, the hearing will be subject to a penalty of the Existence of the State, because there is a problem to leave the disposition of the parties on that point, stressing the principle that authority. AAi^lAR@ijPB However, to emphasize that the defendants involved in court proceedings, judges institutions (courts) will only lead to believe that the mere questioning. A`IvfE`IvfaYiB Therefore, the challenge is how to harmonize the criminal case and how the elements of leadership and authority and on its adversary.

[ W ] Non-Contentious Cases

l@WAAiRJR^A B Legal matters concerning the people I have court in the case to resolve the types of simple closed-door hearing in the court proceedings, not by the adversary, called non-contentious matter. QB For more information to see the non-contentious matter. {i@AAOIe_AmuRivi a35N76@ jB The judicial handling of Japan's non-contentious cases, in terms of the specific procedures provided at the discretion of the assumption that existing rights, the procedures to determine the existing rights between the parties "pure case "There is case law to distinguish (Showa Supreme Court in July 1935 court ruling Nitidai 6).

[ W ] A Related


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