Research Results of Hayato HIRATA
■Joint Research and Contract Research (Domestic Joint Research within Japan): Hayato HIRATA
1. The Research supported by Grant-in-Aid for Scientific Research on
Priority Areas "Legal Expert"
Publicly assembled Head Investigator (1993-1995)
Publicly assembled Head Investigator (1996-1997)
Investigator (1997-1998)
2. The Research supported by Grant-in-Aid for Scientific Research(A)
"A Metric Analysis of the Civil Suit Practice on the Basis of the
Investigation into the Actual Conditions"
Investigator (1996-1998)
3. The Research supported by Grant-in-Aid for Scientific Research(A)
"A Metric Analysis of the Civil Suit Practice on the Basis of the
Investigation into the Actual Conditions [Investigation of the Second Half]"
Investigator (2003-2006)
4. The Research supported by Grant-in-Aid for Specially Promoted Research
"Research on Development of Legal Education Methods to Promote Creative
Legal Minds－Towards the Science of Law Creation"
Cooperator (2005-2007)
■Books (Hayato HIRATA)
1. Substantiality and Promotion of Civil Trials [First volume], the Celebration of Dr. Kigawa, Touichiro's 70th Birthday (Hanrei Times
sha, 1994) pp.161-183. (Coauthor: Hidero Nakamura, Takeshi Kojima, Shozo
Ota, Hayato Hirata, Tatsuo Ikeda, Aritoshi Fukunaga, Tetsuichiro Ueda,
Makoto Ito, Minoru Koyama, Hideyuki Kobayashi, and Masanori Kono)
2. Commercial Law with Figures and Tables, T.Mizuno et al. (eds.) (Sagano Shoin, 1997) pp.197-218.
3. Jurisprudence with Figures and Tables, T.Mizuno et al. (eds.) (Sagano Shoin, 1998) pp.25-34, 115-125.
4. Business Legal Affairs with Figures and Tables, M.Ikoma et al. (eds.) (Sagano Shoin, 1999) pp.109-131.
5. Legal Artificial Intelligence－Clarification of Legal Knowledge and Achievement
of Legal Inference, H.Yoshino et al. (eds.) (Sousei sha, 2000) pp.137-145.
6. The Constitution of Japan with Figures and Tables, S.Ueda et al. (eds.) (Sagano Shoin, 2000) pp.98-123.
7. Intellectual Property Right with Figures and Tables, M.Ikoma (Writing Representative) (Sagano Shoin, 2001) pp.169-183.
8. Contemporary Business Law Dictionary, M. Ikoma et al. (eds.) (Sagano Shoin, 2002).
9. Business Legal Affairs with Figures and Tables [Revision New Publication], M.Ikoma et al.(eds.) (Sagano Shoin, 2002) pp.115-138.
10. Bridgebook of Law about the Trial, Takeshi Kojima (ed.) (Shinzan sha, 2002) pp.48-62.
11. Jurisprudence of the 21st Century, H.Segawa et al. (eds.) (Kenpaku Sha, 2003) pp.173-188.
12. Legal Artificial Intelligence－Clarification of Legal Knowledge and Achievement
of Legal Inference [Second Edition], H.Yoshino et al. (eds.) (Sousei sha, 2003) pp.137-145.
13. Access to Jurisprudence, M.Ikoma et al. (eds.) (Sagano Shoin, 2004) pp.92-99, 100-118.
14. Access to the Constitution of Japan, S.Ueda et al. (eds.) (Sagano Shoin, 2004) pp. 82-99.
15. Facts and Theories of the ADR Ⅱ, Takeshi Kojima (ed.) (Chuo University Publication Association: The Institute
of Comparative Law in JAPAN [68] 2005) pp.179-213.
16. Access to Business Legal Affairs, Masafumi Ikoma and Hayato Hirata (eds.) (Sagano Shoin, 2005) pp.58-80.
17. Access to the Constitution of Japan [Second Edition], S.Ueda et al. (eds.) (Sagano Shoin, 2006) pp.82-99.
18. The Good Faith and What Underlies the Principles, H.Hirata (Seibundo, 2006).
19. Access to the Civil Law, M.Ikoma et als. (eds.) (Sagano Shoin, 2007) pp.45-57.
20. The Comparative Study of China and Japanese Civil and Commercial Legal
System, Li Wei Qun (ed.) (Shanghai, 2009).
21. Access to Jurisprudence [second edition], M.Ikoma et al. (eds.) (Sagano Shoin, 2009) pp.92-99, 100-119.
22. Bridgebook of Law about the Trial [second edition], Takeshi Kojima (ed.) (Shinzan sha, 2010) pp.56-66.
■Articles (Hayato HIRATA)
1. “Handlings of the Good Faith in Civil Procedure－Proof Disturbance
and Good Faith”, Master's Thesis of Hiroshima University Graduate School
(1983).
2. “Protection of Diffuse, Fragmented and Collective Interests in New
Zealand Civil Litigation－World Legislation on Representative of Public,
Diffuse Interests (1)”, digested by Hayato Hirata(written by Taylor), Comparative Law Review (The Institute of Comparative Law in Japan, 1985) Vol.19, No.1, pp.93-103.
3. “Legal Foundation for Expert Testimony in Poland－World Legislation
on Expert Testimony(7)”, digest by Hayato Hirata (written by Pomorska),
Comparative Law Review (The Institute of Comparative Law in Japan, 1985) Vol.19 No.2, pp.245-250.
4. “Relationship Between Fundamental Problems in Philosophy and Positive Law”, Bulletin of Joto Gakuen Women's Junior College(1985) No.15, pp.35-40.
5. “On the Application of 'Linguistic Analysis' to Estoppel(No.1)”, Bulletin of Joto Gakuen Women's Junior College(1986) No.16, pp.7-10.
6. “On the Application of ‘Linguistic Analysis’ to Estoppel(No. 2)”,
Bulletin of Setouchi Junior College(1987) No.17, pp.27-32.
7. “An actual Approach to ‘Moral Socialization’”, (H.Hirata and H.Takane) Bulletin of Setouchi Junior College (1987) No.17, pp.33-50.
8. "Judicial Protection of Collective Interests in Greece－World
Legislation on Representative of Public, Diffuse Interests (3)" digest
by Hayato Hirata, Comparative Law Review (the Institute of Comparative Law in Japan, 1987) Vol.21 No.3, pp.99-112.
9. “On the Application of ‘Linguistic Analysis’ to Estoppel (No.3)”,
Bulletin of Setouchi Junior College(1988) No.18, pp.51-57.
10. “The Role of Elementary and Junior High School as a ‘Multiple Socialization
Agency’", H.Hirata and H.Takane, Bulletin of Setouchi Junior College(1988) No.18, pp.59-67.
11. “Angles to the Concept of ‘Legal Socialization’”, H.Hirata and H.Takane,
Bulletin of Setouchi Junior College(1989) No.19, pp.121-126.
12. “A Democratic Suit and a Totalitarian Suit”, N.Yoshio and H.Hirata,
Treatises in Commemoration of the 40th Anniversary of Shikoku Christian
College(1990) pp.353-364.
13. “An actual Approach to ‘Political Socialization’ among Preadolescence”,
H.Takane and H.Hirata, Bulletin of Setouchi Junior College(1991) No.20, pp.93-103.
14. “A Study of the Doctrine of Estoppel (1)－A Semantic Approach－”(written
by English), Bulletin of Setouchi Junior College(1991) No.21, pp.13-18.
15. “On the Extraction of Meta-rules of Legal Reasoning Process on the
Basis of Fair and Equitable Principle－for the Construction of Legal Knowledge
Base”, the Report on the Research Results supported by Grant-in-Aid for Scientific
Research on Priority Area "Legal Expert" 1993 (1994) pp.190-197.
16. “On the Extraction of Meta-Rules of Legal Reasoning Process on the
Basis of Fair and Equitable Principle (No.1)” Bulletin of Setouchi Junior College(1994) No.24, pp.7-18.
17. “On the Extraction of Meta-rules of Legal Reasoning Process on the
Basis of Fair and Equitable Principle－for the Construction of Legal Knowledge
Base”, the Report on the Research Results supported by Grant-in-Aid for Scientific
Research on Priority Areas "Legal Expert" 1994 (1995) pp.137-144.
18. “On the Extraction of Meta-rules of Legal Reasoning Process on the Basis of Fair and Equitable Principle-for the Construction of Legal Knowledge Base”(written by English), the Report on the Research Results supported by Grant-in-Aid for Scientific Research on Priority Areas "Legal Expert" 1994 (1995), pp.145-149.
19. “On the Extraction of Meta-Rules of Legal Reasoning Process on the
Basis of Fair and Equitable Principle (No.2)”, Bulletin of Setouchi Junior College (1995) No.25, pp.49-58.
20. “Legal Reasoning Process on the Basic of Fair and Equitable Principle”
(written by English), Bulletin of Setouchi Junior College (1995) No.25, pp.59-67.
21. “Legal Topic in terms of Legal Meta-knowledge-toward a better Understanding
of Good Faith in CISG”, the Report on the Research Results supported by Grant-in-Aid for Scientific
Research on Priority Areas "Legal Expert"(1997) pp.139-147.
22. “Legal Topic in terms of Legal Meta-knowledge-toward a better Understanding of Good Faith in CISG” (written by English), the Report on the Research Results supported by Grant-in-Aid for Scientific Research on Priority Areas "Legal Expert" (1997) pp. 148-155.
23. “The Observance of Good Faith in International Trade”, Research Bulletin of Takamatsu University (1997) No.27, pp.284-299.
24. “A Systematization of Background Knowledge of the Fair and Equitable Principle”, the Report on the Research Results supported by Grant-in-Aid for Scientific Research on Priority Areas "Legal Expert"1993-1997 (1998) pp.149-156.
25. “A Metric Analysis of the Civil Suit Practice on the Basis of the
Investigation into the Actual Condition”, the Report on the Research Results supported by Grant-in-Aid for Scientific
Research(A) 1995-1997 (1998).
26. “A Systematization of Background Knowledge of the Fair and Equitable Principle”, Hajime Yoshino (ed.), Research on Development of Legal Expert System―Clarification of Legal Knowledge Structure and Implementation of Legal Reasoning―,Study Report 1998 (written by English, 1998) pp.74-89.
27. “The Fair and Equitable Principle and its Background Knowledge”, Research Bulletin of Takamatsu University (1998) No.30, pp.13-32.
28. “A Guide to Civil Procedure”, Business Legal Affairs (Chuokeizai sha, 1999) Vol.2 No.10, pp.48-50.
29. “A Systematization of Background Knowledge of the Fair and Equitable
Principle [a revised edition]”, the Report on the Research Results supported by Grant-in-Aid for Scientific
Research on Priority Areas "Legal Expert"1993-1997 (a revised edition, 2000) pp.189-204.
30. “Trial system of the United States”, Business Legal Affairs (Chuokeizai sha, 2000) Vol.3 No.6, pp.89-92.
31. “A Guide to Small Claims”, Business Legal Affairs (Chuokeizai sha, 2000) Vol.3, No.10, pp.90-94.
32. “The Mechanism of Civil Dispute Resolution”, Business Legal Affairs (Chuokeizai sha, 2001) Vol.1, No.4, pp.102-107.
33. “A commentary of the structure of Civil Rehabilitation Act”, Business Legal Affairs (Chuokeizai sha, 2002) Vol.2, No.2, pp. 88-92.
34. A precedent study “Judgment of the Japanese Supreme Court, January 30, 2001”, Business Legal Affairs (Chuokeizai sha, 2002) Vol.2, No.4, pp.100-104.
35. “Intellectual Property Rights Dispute and ADR (No.1)”, ASU Business Review No.5 (2002), pp.42-62.
36. “A Dispute resolution over the Internet”, Business Legal Affairs (Chuokeizai sha, 2003) Vol.3, No.2, pp.85-90.
37. “The Good Faith in International Contract Law”, Hiroshima Univ Law Review Vol.27 No.2 (Hiroshima University Law Association, 2003) pp.63-94.
38. “About a Recent Trend of the Bankruptcy Legislation”, Business Management Law No.6 (Japan Association of Business Management Law, 2004) pp.47-72.
39. “Good Faith in Contract Performance”, ASU Business Review No.7 (2004), pp.79-88.
40. “Legal Hermeneutic Study of Good Faith in terms of Rhetorical Topical
Thinking”, Nagoya University Journal of Law and politics No.207 (2005), pp.47-94.
41. “A Way of Legal Value Judgment in Law Creation”, the Report for the Entire Period in 2006 (Grant-in-Aid for Specially Promoted
Research ”Research on Development of Legal Education Methods to Promote
Creative Legal Minds－Towards the Science of Law Creation”), pp.101-102.
42. “On the Legal Value Function in Legal Value Judgments”, the Report for the Entire Period in 2006 (Grant-in-Aid for Specially Promoted
Research ”Research on Development of Legal Education Methods to Promote
Creative Legal Minds－Towards the Science of Law Creation”), pp.103-104.
43. “A Way of Legal Value Judgments in Law Creation－in Relation with
Civil Dispute Resolution”, the Report on the Research Results supported by Grant-in-Aid for Specially
Promoted Research ”Research on Development of Legal Education Methods to
Promote Creative Legal Minds－Towards the Science of Law Creation 2005”) (My manuscript had been contributed to Meiji Gakuin University in 2006,
but the publication is late).
44. ”On the Legal Value Function in Judgments－Utilization to Legal Education
to Promote Creative Legal Minds”, The Collection of Drafts on the Research Results supported by Grant-in-Aid
for Specially Promoted Research ”Research on Development of Legal Education
Methods to Promote Creative Legal Minds－Towards the Science of Law Creation”)2006, pp.1-1～9.
45. “On the Legal Value Function in Judgments－Utilization to Legal Education to Promote Creative Legal Minds【the Final Report】”, the Report on the Research Results supported by Grant-in-Aid for Specially
Promoted Research ”Research on Development of Legal Education Methods to
Promote Creative Legal Minds－Towards the Science of Law Creation 2002-2006”), 2007, pp.267-281.
46. “Prospects of Legal Expert System Corresponding to Online ADR” The Chuo Law Review(2007) Vol.113 No.9-10, pp.413-444.
47. “ADR in Intellectual Property Disputes”, H.Hirata et al. (eds.) Memoirs of the 20th anniversary of the Asahi University Law Department
(Seibundo, 2007), pp. 249-311.
48. “An Underlying Idea of the Civil Conciliation in Japan”, the Festschrift of Dr. Takeshi Kojima’s 70th Birthday (It will be published by China. The publication is late.), My manuscript has been accepted.
49. “Value Judgment in Dispute Resolution－Towards the Science of Law
Creation”, The Asahi Law review No.35 (2008) pp.79-114.
50. “Legal Value Judgment in Dispute Resolution”, in the Festschrift of Dr. Takeshi Kojima's 70th Birthday, Principles and Policies
of Civil Justice [the second volume] (Shouji Houmu, 2008) pp.183-211.
51. “The Good Faith in International Contract Law (Translated to Chinese)”,
Trans. by Zhuang Yu You, Proofreading by Li Guo An, Chinese Civil and Commercial Law Review Vol.41 (Liang Hui Xing (ed), Law Press China, 2008) pp.503-526.
52. “Logical Jurisprudence and Online ADR”, Nagoya University Journal of Law and Politics No.227 (Prof. Masanobu Kato Retirement Commemoration Thesis Collection,
2008) pp.29-52.
53. “Online ADR (Translated to Chinese)” Trans. by Wang Huang & Li
Jie, Chinese Legal System And Society 2009/2, pp.58-59.
■Presentations (Hayato HIRATA)
1. "The Relationship between Fundamental Problems in Philosophy
and the Civil Procedure－On the Application of 'Linguistic Analysis' to
Estoppel," (Sole Presentation by H.Hirata) the Conference of Comparative
Civil Procedure, March 1987.
2. “On the Relationship between the Civil Procedure Law and Fundamental
Problems in Philosophy,” (Sole Presentation by H.Hirata) Chu-Shikoku Law
and Politics Society 1987, November 1987.
3. “A Study of Legal Reasoning－Estoppel as an Example," (Sole Presentation
by H.Hirata) A Summer Seminar of the Faculty of Law, Chuo University, July
1989.
4. “A Consideration about the Civil Procedural Estoppel,” (Sole Presentation by H.Hirata) Chu-Shikoku Law and Politics Society 1989, November 1989.
5. “On the Development of Estoppel," (Sole Presentation by H.Hirata)
Chu-Shikoku Law and Politics Society 1991, November 1991.
6. “The Constitution of Japan and Civil Procedure," (Sole Presentation
by H.Hirata) Chu-Shikoku Law and Politics Society 1992, November 1992.
7. “On the Extraction of Meta-rules of Legal Reasoning Process on the Basis of Fair and Equitable Principle－for the Construction of Legal Knowledge Base," (Sole Presentation by H.Hirata) the Conference of Research Results supported by Grant-in-Aid for Scientific Research on Priority Area "Legal Expert 1993", July 1993.
8. “On the Extraction of Meta-rules of Legal Reasoning Process on the
Basis of Fair and Equitable Principle－for the Construction of Legal Knowledge
Base," (Sole Presentation by H.Hirata) the Conference of Research
Results supported by Grant-in-Aid for Scientific Research on Priority Area
"Legal Expert 1993", March 1994.
9. “On the Extraction of Meta-rules of Legal Reasoning Process on the
Basis of Fair and Equitable Principle－for the Construction of Legal Knowledge
Base," (Sole Presentation by H.Hirata) the Conference of Research
Results supported by Grant-in-Aid for Scientific Research on Priority Area
"Legal Expert 1994", July 1994.
10. “On the Extraction of Meta-rules of Legal Reasoning Process on the Basis of the Doctrine of Estoppel,” (Sole Presentation by H.Hirata) Chu-Shikoku Law and Politics Society 1994, July 1994.
11. “On the Extraction of Meta-rules of Legal Reasoning Process on the
Basis of Fair and Equitable Principle－for the Construction of Legal Knowledge
Base," (Sole Presentation by H.Hirata) the Conference of Research
Results supported by Grant-in-Aid for Scientific Research on Priority Area
"Legal Expert 1994", September 1994.
12. “On the Extraction of Meta-rules of Legal Reasoning Process－for the
Construction of Legal Knowledge Base," (Sole Presentation by H.Hirata)
the Conference of Research Results supported by Grant-in-Aid for Scientific
Research on Priority Area "Legal Expert 1994", March 1995.
13. “The Relationship between Legal Reasoning and Legal Topos," (Sole Presentation by H.Hirata) Chu-Shikoku Law and Politics Society 1995, November 1995.
14. “Good Faith in the United Nations Convention on Contracts for the
International Sale of Goods," (Sole Presentation by H.Hirata) the
Conference of Research Results supported by Grant-in-Aid for Scientific
Research on Priority Area "Legal Expert 1996", July 1996.
15. “International Transaction and Good Faith,” (Sole Presentation by
H.Hirata) the Conference of Comparative Civil Procedure, October 1996.
16. “A Consideration to Good Faith in CISG,” (Sole Presentation by H.Hirata) the Conference of Research Results supported by Grant-in-Aid for Scientific Research on Priority Area "Legal Expert 1996", November 1996.
17. “Legal Topos and the Legal Expert System," (Sole Presentation
by H.Hirata) the Conference of Research Results supported by Grant-in-Aid
for Scientific Research on Priority Area "Legal Expert 1996",
February 1997.
18. “On the Good Faith in the Code of Civil Procedure," (Sole Presentation
by H.Hirata) the Conference of Research Results supported by Grant-in-Aid
for Scientific Research on Priority Area "Legal Expert 1997",
July 1997.
19. “A Systematization of Background Knowledge of the Fair and Equitable Principle," (Sole Presentation by H.Hirata) the Conference of Research Results supported by Grant-in-Aid for Scientific Research on Priority Area "Legal Expert 1997", March 1998.
20. “A Systematization of Background Knowledge of the Fair and Equitable
Principle [Generalization]," (Sole Presentation by H.Hirata) the Conference
of Research Results supported by Grant-in-Aid for Scientific Research on
Priority Area "Legal Expert 1998", October 1998.
21. “On the Legal Practices of Enterprise," (Sole Presentation by
H.Hirata) the Conference of Regional Economic Research Institute of Takamatsu
University, November 1998.
22. “Legal Practices of Enterprise to affect a Shareholder Lawsuit,” (Sole Presentation by H.Hirata) the Japan Association of Business Law, April 1999.
23. “On the Small Claims Suit,” (Sole Presentation by H.Hirata) the Japan
Association of Business Law, July 2000.
24. “A Precedent Study,” (Sole Presentation by H.Hirata) the Japan Association
of Business Law, December 2001.
25. “Outline of the Civil Procedure,” (Sole Presentation by H.Hirata) the Conference of the Kansai Patent Society, June 2003.
26. “Problems in the ADR,” (Sole Presentation by H.Hirata) the Japan
Association of Business Law, July 2003.
27. “On the Recent Trend of the Bankruptcy Legislation,” (Sole Presentation
by H.Hirata) the Japan Association of Business Management Law, July 2003.
28. “Importance of Law Creation in the Proof Responsibility Theory,”
(Sole Presentation by H.Hirata) the Conference of Research Results supported
by Grant-in-Aid for Specially Promoted Research "Research on Development
of Legal Education Methods to Promote Creative Legal Minds－Towards the
Science of Law Creation 2002-2006," January 2006.
29. “The Legal Value Function in Judgments－Practical Use to Legal Education
to Promote Creative Legal Minds,” (Sole Presentation by H.Hirata) the Conference
of Research Results supported by Grant-in-Aid for Specially Promoted Research
"Research on Development of Legal Education Methods to Promote Creative
Legal Minds－Towards the Science of Law Creation 2002-2006," October
2006.
30. “The Legal Value Function in Judgments－Practical Use to Legal Education
to Promote Creative Legal Minds [Revised Edition],” (Sole Presentation
by H.Hirata) the Conference of Research Results supported by Grant-in-Aid
for Specially Promoted Research "Research on Development of Legal
Education Methods to Promote Creative Legal Minds－Towards the Science of
Law Creation 2002-2006," March 2007.
31. “Cyber ADR－the Electronic Dispute Resolution System through the Internet,” (Sole Presentation by H.Hirata) the Japan Association of Business Management Law, July 2007.
32. “Cyber ADR－the Electronic Dispute Resolution System through the Internet,”
(Sole Presentation by H.Hirata) the Symposium of Japanese and Chinese Business
Management Law 2007, August 2007.
33. “On the Legal Value Judgment in the Practice of Mediation,” (Sole
Presentation by H.Hirata) the 21st Century COE Program of Tokyo Institute
of Technology “Creation of Agent-Based Social Systems Sciences,” September
2007.
34. “Legal Advices and Computers,” (Sole Presentation by H.Hirata) the
Association of Kansai Civil Procedure, November 2009.
35. “Good Faith in the International Business,” (Sole Presentation by
H.Hirata) the Japan Association of Business Management Law, July 2010.
36. “A British Legal System－What was seen through Cambridge University,”
(Sole Presentation by H.Hirata) the Training Association of Civil Conciliator
of Nagoya District Court & Ichinomiya Summary Court, September 2010.
■Others (Hayato HIRATA)
< open lecture and lecture, etc. > → Many Cases
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