🏯Japanese Law and Government Unit 5 – Judicial System & Courts in Japan

Historical Development

• Japan's legal system has roots in the Chinese legal tradition introduced in the 7th century
• The Ritsuryō codes, based on Confucian principles, formed the basis of Japan's early legal system
  • Included the Taihō Code (701 AD) and the Yōrō Code (718 AD)
• During the Tokugawa period (1603-1868), the legal system was based on feudal principles and the rule of the shogunate
• The Meiji Restoration (1868) marked a significant shift towards modernization and westernization of the legal system
  • Influenced by European civil law traditions, particularly the German and French legal systems
• The Constitution of the Empire of Japan, also known as the Meiji Constitution, was promulgated in 1889
  • Established the basis for Japan's modern legal system
• After World War II, the legal system underwent reforms under the influence of the United States
  • The current Constitution of Japan came into effect in 1947, emphasizing individual rights and the separation of powers

Structure of the Japanese Court System

• The Japanese court system is divided into four tiers: Supreme Court, High Courts, District Courts, and Summary Courts
• The Supreme Court is the highest court in Japan and has the power of judicial review
  • Consists of the Chief Justice and 14 Associate Justices
  • Handles appeals from lower courts and has the authority to make final interpretations of the Constitution
• There are 8 High Courts, each covering a specific geographical jurisdiction
  • Handle appeals from District Courts and Family Courts
• District Courts are the primary courts of first instance for most civil and criminal cases
  • Located in each prefecture and major city
  • Family Courts are specialized branches of District Courts that handle family-related matters such as divorce and juvenile delinquency
• Summary Courts are the lowest tier of the court system and handle minor civil and criminal cases
  • Presided over by a single judge
• There are also specialized courts, such as the Intellectual Property High Court, which handles cases related to intellectual property rights

Key Legal Principles and Concepts

• The Constitution of Japan is the supreme law of the land and establishes the fundamental principles of the legal system
  • Guarantees fundamental human rights, such as freedom of speech, religion, and due process
• The principle of the rule of law is central to the Japanese legal system
  • All individuals and entities, including the government, are subject to and accountable under the law
• Japan follows a civil law system, where the primary sources of law are codified statutes and regulations
  • Judges base their decisions on the interpretation and application of these written laws
• The concept of judicial independence is enshrined in the Constitution
  • Judges are independent in the exercise of their conscience and are bound only by the Constitution and the laws
• The adversarial system is used in criminal trials, where the prosecution and defense present evidence and arguments before a judge or panel of judges
• Japan also recognizes the concept of precedent, although it is not as binding as in common law systems
  • Lower courts generally follow the decisions of higher courts, especially the Supreme Court

Roles and Responsibilities of Judges

• Judges in Japan are responsible for interpreting and applying the law to the cases before them
• They are expected to maintain impartiality and independence in their decision-making
• Judges have the power to determine the constitutionality of laws and government actions
• In criminal trials, judges are responsible for determining the guilt or innocence of the accused and imposing sentences
• Judges also play a role in civil cases, such as contract disputes and tort claims
  • They evaluate evidence, interpret the relevant laws, and render judgments
• Judges are appointed by the Cabinet from a list of candidates nominated by the Supreme Court
  • They serve ten-year terms and can be reappointed until the mandatory retirement age of 65 (or 70 for Supreme Court Justices)
• Judges are subject to strict ethical standards and are prohibited from engaging in political activities or expressing political views

Court Procedures and Case Processing

• Criminal cases in Japan follow the adversarial system, with the prosecution and defense presenting evidence and arguments before the court
  • Trials are generally conducted by a panel of three judges in serious cases, or a single judge in less serious cases
• Civil cases are initiated by filing a complaint with the appropriate court
  • The court then serves the defendant, who has the opportunity to respond to the complaint
• In both criminal and civil cases, judges have the authority to conduct investigations and request additional evidence
• Japan has a high conviction rate in criminal cases, often exceeding 99%
  • This is partly due to the practice of prosecutors only bringing charges when they have strong evidence
• Plea bargaining was introduced in 2018, allowing defendants to negotiate for reduced charges or sentences in exchange for cooperation
• Alternative dispute resolution methods, such as mediation and arbitration, are also available and encouraged in civil cases
  • These methods can help parties reach a settlement without going through a formal trial

Notable Landmark Cases

• The Tsu City Mosque Case (1997) addressed the issue of religious freedom
  • The Supreme Court ruled that a city's denial of permission to build a mosque was unconstitutional
• The Nibutani Dam Case (1997) involved the rights of the indigenous Ainu people
  • The Sapporo District Court recognized the Ainu as an indigenous people and ordered the government to consider their cultural rights
• The Sayama Case (1963-1984) highlighted issues of police misconduct and forced confessions
  • A man was convicted of murder based on a forced confession and spent over 30 years in prison before being released
• The Fukushima Nuclear Disaster Cases (ongoing) involve lawsuits against the government and Tokyo Electric Power Company (TEPCO) for damages related to the 2011 nuclear accident
  • Courts have issued mixed rulings on the liability of the government and TEPCO
• The Kobe Steel Data Falsification Case (2017) involved the company's falsification of product quality data
  • The case raised concerns about corporate governance and quality control in Japanese industries

Challenges and Reforms

• Japan's legal system faces challenges such as a shortage of lawyers and judges, leading to delays in court proceedings
  • Efforts have been made to increase the number of legal professionals through reforms in legal education and the bar examination system
• There are concerns about the high conviction rate in criminal cases and the reliance on confessions
  • Reforms have been introduced to improve the transparency and fairness of interrogations, such as the mandatory recording of interrogations in serious cases
• The lay judge system, introduced in 2009, aims to increase public participation in the judicial process
  • Citizens sit alongside professional judges in certain serious criminal cases and have a role in determining guilt and sentencing
• Efforts have been made to improve access to justice, such as expanding the availability of legal aid and promoting alternative dispute resolution methods
• The government has also sought to enhance the efficiency of the court system through the use of technology, such as electronic filing systems and remote court proceedings

Comparison with Other Legal Systems

• Japan's legal system is primarily based on the civil law tradition, similar to countries like Germany and France
  • This contrasts with common law systems, such as those in the United States and the United Kingdom, which place a greater emphasis on judicial precedent
• Japan's Constitution, drafted under the influence of the United States after World War II, incorporates elements of American constitutional law
  • This includes the protection of individual rights and the separation of powers
• Japan's criminal justice system has some similarities to the inquisitorial system used in many civil law countries
  • Judges play a more active role in fact-finding and investigating cases compared to the adversarial system used in common law countries
• However, Japan's criminal justice system also has unique features, such as the high conviction rate and the emphasis on confessions
• Japan's approach to alternative dispute resolution, particularly in civil cases, is similar to that of many other countries
  • Mediation and arbitration are widely used to resolve disputes outside of the formal court system
• Japan's legal system has influenced other countries in the region, such as South Korea and Taiwan, which have also adopted civil law systems based on the German and Japanese models