The Hiroshima Law Journal Volume 42 Issue 2
2018-10-31 発行

東洋社会における 古典的な裁判外紛争処理の理念についての一考察

A Study on the Principle of Classical Alternative Dispute Resolution in Asian Society
Dong, Hailin
Unlike Western legal consciousness, traditional Asian legal consciousness both dislikes and seeks to avoid litigation. Thus, legal consciousness is used by the people and is reflected in the conflict resolution system. In this thesis, we examine the cultural background of legal consciousness in both Japan and China and consider the form of the alternative dispute resolution procedure, which has undergone various changes. Specifically, we confirm the source of Confucian legal consciousness, as well as the relationship between both, based on the emergence of Chinese classical alternative dispute resolution proceedings and its progression toward institutionalization. The process of Confucian legal consciousness and the introduction of a legal system into Japan are also discussed, and we will consider how legal consciousness influenced the formation and institutionalization of classical Japanese alternative dispute resolution procedures. We will attempt to clarify the relationship between traditional Confucian thought and classical alternative dispute resolution processes in both countries.