Departmental Bulletin Paper 家事事件手続法制定をめぐる調停手続きに関する一考察
On Conciliation Proceedings in the Enforcement of the “Domestic Relations Case Procedure Act”

宮脇, 典彦  ,  Miyawaki, Norihiko

83 ( 4 )  , pp.75 - 103 , 2016-03-30 , 法政大学経済学部学会
Since January 1948, when the “Domestic Inquiries Act” came into force, the social situation around the family in Japan and public consciousness of the law have changed remarkably. As a result, the “Domestic Relations Case Procedure Act” (the New Act) was submitted to the Diet, and it went into effect in January, 2013. The main subjects of the deliberations over the formulation of the New Act were as follows : • enhancement of various measures and procedures connected to the proceedings for the persons concerned• reforms that allow citizens to use domestic relations case procedures more easily• improvement of regulations for the basic matter of the proceedings, including jurisdiction, agency, appeals, etc.The Tokyo Family Court conducted various examinations before the New Act was enforced, and has also tried to make improvements since its enforcement. In this paper, the author examines the significance of the New Act from the standpoint of a domestic relations conciliation commissioner. The analysis includes an examination of the issue of transparency in the application of the New Act, “rulings in lieu of conciliation”, and the nonexistence of the right to challenge the appointment of a particular domestic relations conciliation commissioner.

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