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日本的人事诉讼自1898年颁布第一部《人事诉讼程序法》以来已发展了一百多年,该法最初只是照搬了原德国民事诉讼法典第六编的内容,后以适应本国人事诉讼之需要为出发点,经过不断的实践和修改,现已形成一部独具特色和体系完备的《人事诉讼法》。因日本人事诉讼制度的规定涉及面较广且可探究点极多,本文由于篇幅限制,仅将重点放在日本人事诉讼中的调查官制度上,这是在日本在引进当事人主义之后,又依据人事诉讼程序的实际需要而设立的具有强烈职权主义特色的制度,对正处于向当事人主义转换的我国的诉讼制度有很多的借鉴意义。
Japan’s personnel litigation has been in existence for more than 100 years since its first “Personnel Proceedings Law” was promulgated in 1898. The law was originally copied from Part VI of the original Code of Civil Procedure in Germany and adapted to adapt to the national personnel litigation Need to be the starting point, through continuous practice and revision, has now formed a unique and well-established “personnel procedural law.” Due to the wide coverage of Japan’s personnel litigation system and the most probable point to be explored, this article only focuses on the system of inquisitor in Japan’s personnel litigation because of the limitation of space, which is based on the fact that after Japan introduced the egalitarianism, The system with strong power of authority set up by the actual needs of personnel litigation procedure has a lot of reference to the litigation system of our country which is in the process of conversion to litigant.