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International Conference on Legal Information and East Asian Law:

The Principle of "Mutual Exploitation" and Collaborative Approaches to Comparative Study of Laws in East Asia. International Conference on Legal Information and East Asian Law: Theories, Practices and Prototypes the 20 th Anniversary of CCU Department of Law June 14, 2012

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International Conference on Legal Information and East Asian Law:

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  1. The Principle of "Mutual Exploitation" and Collaborative Approaches to Comparative Study of Laws in East Asia International Conference on Legal Information and East Asian Law: Theories, Practices and Prototypes the 20th Anniversary of CCU Department of Law June 14, 2012 Yoshiharu Matsuura Nagoya University

  2. 1. Current Stage of Our Joint Research Partners: JaLII(Japan) Ministry of Government Legislation(Korea) TaiwanLII(Taiwan) Remin Univ. Law School (China) 4 Bilingual KWICs for 4 Jurisdictions: Japan, Korea, China and Taiwan

  3. Korean Law Bilingual KWIC

  4. Taiwanese Law Bilingual KWIC

  5. Chinese Law Bilingual KWIC

  6. Toward A Standard Translation DictionarySharing Terminology of Law of Four Jurisdictions 1. Legal Terms in Laws and Statutes 2. Legal Concepts in Legal Literature

  7. Taiwan Legal Concepts Japanese Legal Concepts

  8. 2. Beyond Terms and Text: Perspective of Law in Context Legal Terms (Leaf) Cases (surface current) Social Process = Social Context (Deep Current)

  9. The Principle of "Mutual Exploitation" Requests for Further Explanation Legal Terms (Leaf) Knowledge about Own Jurisdiction Knowledge about Own Jurisdiction Cases (surface current) Social Process = Social Context (Deep Current)

  10. Information Requested based on the Principle of "Mutual Exploitation" １．Reasons for a New Legislation ２．Target Issues of a Law ３．Legislative History ４．Foreign Legislation ５．Requirements of a Statutory Provision ６．Relevant Statutes ７．Real Performance of Laws ８．Behavior of Courts (activist or not) ９．Academic discussion & Ministerial councils １０．Social Reputation of Laws １１．Non-law Information about the Case １２．Non-law Information about the Social Context

  11. What should we explain and How? • “Common Sense” of One’s Own Jurisdiction • Identification of “Relevant” Information for Legal Experts of a Particular Jurisdiction: Is Legal Research Universal?

  12. 1. Japanese “Common Sense” about Law-making Unspoken assumptions about law-making A Section of a Ministry Contact with Stake-holders Negotiation & Compromise Expert Council (trade associations etc.) Expert Council Report Cabinet Legislation Bureau Elements of a New Legislation Draft of a New Legislation Review by Cabinet Legislation Bureau Parliamentary Deliberations

  13. Law - making process of Viet Nam Evaluated by Council of Nationalities or Committees National Assembly (5) Standing Committee of NA Council of Nationalities or Committees of NA SCoNA gives comments NA, SCoNA decides to gather public comments Government Publicizing bill , sending bill to NA deputies, NA delegations for gathering comments (4) Evaluated by GO (2) Gov. gives comments (3) Governmental office Evaluation opinion Drafting the bill Agencies (1) MOJ Revised bill In order to gather comments In order to be evaluated by MOJ Consider evaluation opinion

  14. “Common Senses” to Share • Description of one’s own view of the common sense (Draft bills are prepared by ministries and pass the parliament without much changes.) • Encounter with a different common sense (Draft bills are subject to changes by many hands.) 3. Identification of unspoken assumptions (“common sense” in two jurisdictions)

  15. 2. Identification of “Relevant” Information for Legal Experts of a Particular Jurisdiction: Is Legal Research Universal? What information do we need to address this legal problem? ８．Behavior of Courts (activist or not) ９．Academic Discussion & Ministerial Councils １０．Social Reputation of Current Laws １１．Detailed facts about a Pending Case １２．Non-law Information about the Social Context １．Reasons for a New Legislation ２．Target Issues of a Law ３．Legislative History ４．Foreign Legislation ５．Requirements of a Statutory Provision ６．Relevant Statutes ７．Effectiveness of Current Laws

  16. Which document should we consult first of all? Textbooks and Commentaries ------ Why? What information should we extract from that documents? Why? Established Steps of Legal Research A List of Relevant Information of that Jurisdiction

  17. The Principle of "Mutual Exploitation" Mutual Requests Jurisdiction A Development of LawPack On a Specific Topic Jurisdiction B Development of LawPack On a Specific Topic

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