What Kind of Legal System Does Japan Have

It is believed that early Japanese laws were heavily influenced by Chinese law. [2] Little is known about Japanese law until the seventh century, when the Ritsuryō was developed and codified. Before Chinese characters were adopted and adapted by the Japanese, the Japanese had no known writing system to record their history. Chinese characters were known to the Japanese in previous centuries, but the process of assimilating these characters into their native language system took place in the third century. This was due to the willingness of the Japanese to adopt aspects of the culture of continental civilizations, which was achieved primarily by neighboring countries such as the Korean kingdoms and not directly by mainland Chinese empires. [3] Before the Meiji era (1867-1912), the powers of the Tokugawa shogunate or the judges appointed by them had a wide margin of appreciation, which often led to abuses of power. The death penalty is the most important measure in the treatment of offenders in the criminal justice system. Under feudalism, the authorities often used the death penalty against their political rivals. If the punishment for a crime is not severe under the law, a single judge may preside over the trial.

Otherwise, a three-member jury is usually required. In very serious cases, the system of the lay judge or saiban-in is used. Six members of the public are chosen at random and have the task of sitting next to the three-member jury. Saiban-in trials are usually conducted for serious crimes such as murder, robbery resulting in death or assault, drug offences, arson of inhabited buildings, and kidnapping for ransom. You should ask your lawyer what system may apply to your situation. If necessary, the lawyer will provide an interpreter. The Japanese government usually covers the costs of a court-appointed lawyer and court interpreter, but this is at the discretion of the judge. You may be held liable for legal costs. Private lawyers usually include interpretation costs in their legal fees. You should discuss with your lawyer what fees you may be charged. The Japanese judicial system includes summary courts, district courts, family courts, high courts and the Supreme Court of Japan.

For criminal cases, a three-tier judicial system is used: an expedited or district court (first instance), a high court (second instance) and finally the Supreme Court (appeal). With a new government and constitution, Japan has begun to systematically reform its legal system. [17] The reformers had two goals in mind: first, to consolidate power under the new imperial government; Second, « modernize » the legal system and create enough credibility to abolish unequal treaties with Western governments. [17] Following Japan`s ratification of the UN CRPD, Japan`s disability policy faces a different challenge: moving from well-being to rights, equal access, and dignity, as the ADA and UN Human Rights provide a powerful prototype that emphasizes the importance of rights and anti-discrimination. The ADA remains a strong model for policy and legal reforms in support of equal opportunity and justice for persons with disabilities. As a form of equal treatment under a civil rights doctrine, the appropriate provisions of the ADA in Japanese disability law should be celebrated to create a truly inclusive society. Anyone suspected of having committed a crime (suspect) is invited to appear before the police or prosecutor`s office or is arrested and questioned. Arrested suspects are held for up to seventy-two hours in police detention facilities or detention centers and may then be detained for a period of ten days if necessary (up to twenty days if an extension of up to ten days is allowed). There is no pre-trial bail system.

Labour cases are another important form of litigation. With regard to « individual labour disputes » between an employer and an employee, Japan introduced the system of labour tribunals for individual labour disputes in April 2006. Under this system, a labour court board, composed of a labour judge who is a judge and two labour arbitrators who have specialized labour knowledge and experience, attempts to resolve the dispute through conciliation or adjudication, usually in no more than three sessions. The goal is to resolve cases quickly, appropriately and efficiently.