Modern Litigation. Japan-us Comparative Study

Since the modern society, the great change has taken place in the main field of society, and the complicated , melted dynamically situation appears day by day in the modern society. The modern society has produced various new problems, some colonies , extensive disputes are emerging constantly. After two countries of Japan and the US entered the modern society, the new typed lawsuit different from traditional-typed lawsuits has emerged ,which is called the modern-typed lawsuits in Japan , and come to Public Law Litigation in US. But because of the difference of economic, social background and legal system , legal thought , several differences exist about the modern-typed lawsuits in two countries, too.The modern-typed lawsuits makes the court and judge's traditional function shaken strongly , and the traditional role of court and judge take place some changs.On one hand the court plays a positive role day by day, which performs the function of forming public policy , therefore it impel court's function to expand. On the other hand traditional role of judge adjust to some extent, free right begins to expand , and then make appropriate sanction amount and norm to create. In addition, the function of the pressure group in the modern lawsuit can't be ignored, which often implements various activities, and play the important influence to the forming of court's judgement.With the constant development of market economy, our country enters the transformational period of society, in which the deep change has taken place in the social life field, and some new lawsuit begin to appear. The new dispute has some common characteristic with the modern-typed lawsuits of Japan and the US of two countries , which can be called the modern-typed lawsuits of China in certain meaning. But, in China, such new lawsuit is usually understood in terms of public lawsuit, and the public lawsuits appearing at present are only some generality factors with the modern-typed lawsuits. The modern lawsuit in the strict meaning has not appeared in our country yet. However, we can predict , with the sustainable development of the market economy of our country and constant promotion of country governed by law, the modern-typed lawsuits will appear in our country, so based on the previous analysis and comparison study to the modern-typed lawsuits of two countries of Japan and the US, to examine the present situation of china modern-typed lawsuits, and it have important reference meanings to set up the modern lawsuit systems which is suitable for national conditions of our country,.