일본의 집합소송 도입 논의 및 쟁점사항
The Introduction of Collective Litigation and the Legal Issue in Japan
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In Japan, the bill to remedy the damage as consumers set to introduce a system to suit was recently submitted to the National Assembly. The main content on the lawsuit settlement was to collect opinions from various fields and 'The Act covering special cases in civil proceedings for the collective recovery of consumer's property damages' was submitted to the National Assembly in April 19, 2013. Although It is not yet passed the bill, the Japanese government is pushing the bill. This research aims to study on discussion about the introduction of a set of lawsuits in Japan. The full extent of the damage of all consumer is huge, but the damage of individual consumers is very small. Thus, There is little reason for consumers to lawsuit. There is no appropriate remedy to the consumer. To solve this problem, Japanese government to discuss the introduction of a new lawsuit began.
Abstract
In Japan, the bill to remedy the damage as consumers set to introduce a system to suit was recently submitted to the National Assembly. The main content on the lawsuit settlement was to collect opinions from various fields and 'The Act covering special cases in civil proceedings for the collective recovery of consumer's property damages' was submitted to the National Assembly in April 19, 2013. Although It is not yet passed the bill, the Japanese government is pushing the bill. This research aims to study on discussion about the introduction of a set of lawsuits in Japan. The full extent of the damage of all consumer is huge, but the damage of individual consumers is very small. Thus, There is little reason for consumers to lawsuit. There is no appropriate remedy to the consumer. To solve this problem, Japanese government to discuss the introduction of a new lawsuit began.
참고문헌 (11)
- "｢集團的消費者被害回復に係る訴訟制度の骨子｣ についての意見募集に對する主な意見の槪要及ぶ意見に對する消費者廳の考え方"[URL]
- 經營法友會, "｢集團的消費者被害回復に係る訴訟制度案｣ に關する意見", ~ (2012)
- 經營法友會, "消費者集合訴訟制度の現想の論議に對する意見", ~ (2011)
- 日本辯護士聯合會, "新たな集合訴訟制度の訴訟追行主體についての意見", ~ (2011)
- 橫山 淳, "日本版クラスアクションの制度案 -消費者廳の‘集團的消費者被害回復に系る訴訟制度案-", 大和總硏, ~ (2012)
- 橫山淳, "日本版クラスアクションと金融商品取引法", 大和総研調査季報, 5 (2012)
- 三木浩一, "集團的消費者被害救濟制度の展望と課題", 現代消費者法, (8) (2011)
- ブラジル聯邦共和國における集合訴訟制度の槪要, In アメリカ, カナダ, ドイシ, フランス, ブラジルにおける集團的消費者被害の回復制度に關する調査, "三木浩一", 財團法人比較法硏究センター, ~ (2010)
- 西村高等法務硏究所, "集合訴訟の脅威 - 企業經營․經濟成長戰略に與える影響-" (2011), 商事法務
- 集團的消費者被害救濟制度專門調査會 報告書, "消費者委員會", ~ (2011)
- 久保田 正志, "集團的消費者被害の回復制度の創設", 立法と調査, (336) (2013)