Judicial system of Japan
Encyclopedia
In the judicial system of Japan, the postwar constitution
guarantees that "all judges shall be independent in the exercise of their conscience and shall be bound only by this constitution and the Laws" (Article 76). They cannot be removed from the bench "unless judicially declared mentally or physically incompetent to perform official duties," and they cannot be disciplined by executive agencies (Article 78). A Supreme Court
judge, however, may be removed by a majority of voters in a referendum that occurs at the first general election following the judge's appointment and every ten years thereafter. As of 2005, no judge has ever been voted out of office.
In the prewar system, in contrast, the judiciary was far more constrained than it is under the present constitution
and had no authority over administrative or constitutional law cases. Moreover, the Ministry of Justice had complete and direct control over the courts' administrative affairs. Nonetheless, Professor John Haley argues that the courts maintained complete independence in the adjudication of particular cases. "Judicial independence from the political branches was emphatically established as a fundamental principle of governance in Article 57 of the 1889 Constitution. Of all branches of government only the courts exercised authority "in the name of the emperor." Haley argues that this was and remains a matter of great pride for Japanese judges and notes that "placed prominently in all courtrooms was the inscription 'in the name of the emperor' as a meaningful reminder to imperial officials and subjects alike that the emperor's judges were not subject to political control or direction."
At the first of the four tiers of courts are the 438 summary courts (簡易裁判所 kani saibansho), staffed by 806 summary court judges. Summary court judges are not career judges. Qualification as a regular judge is not required. Instead, summary court judges are formally nominated for pro forma cabinet appointment by a special selection committee formally comprising all Supreme Court justices, the president (chōkan) of the Tokyo High Court, the deputy procurator general, representatives of the bar, and others "with special knowledge and experience. They mostly handle small claims civil cases (disputes not in excess of ¥1,400,000), as well as minor criminal offenses. They are only able to imprison defendants in a few special cases. Summary Courts are presided over by one judge. Civil cases in the Summary Court are appealed to the District Court, while criminal cases are appealed to the High Court.
At the second tier are the district courts (地方裁判所 chihō saibansho), the principal courts of first instance. There are 50 district courts with additional 203 branches. Except for minor cases, which account for 80 to 90 percent of all adjudicated cases, trials require a three-judge panel.These are the courts of general jurisdiction and the principal court of first instance. District Courts have original jurisdiction in felony
cases and in civil cases where the disputed amount is over ¥1,400,000. They also handle bankruptcy
hearings. Each District Court trial is presided over by at least one judge: two associate judges are also called in for appellate cases from Summary or Family Courts, or for criminal cases where the maximum penalty would be in excess of 1 year in prison. Attorneys sit on either side of the courtroom, facing the center. In a criminal case, the accused faces the judges from the rear of the courtroom. The witness box is in the center, also facing the judges.
There are eight High Courts (高等裁判所 Kōtō-saiban-sho). They (Sapporo, Sendai
, Tokyo
, Nagoya, Osaka
, Hiroshima, Takamatsu
, and Fukuoka
) serve defined circuits of several prefectures each; there are also "branch offices" in Akita
, Kanazawa
, Okayama
, Matsue
, Miyazaki
, and Naha
. There also exists the Intellectual Property High Court
(知的財産高等裁判所 Chiteki-zaisan-kōtō-saiban-sho) in Tokyo, which is a special branch of Tokyo High Court
. A High Court usually sits in the same manner as a three-judge District Court. Each court is led by a President, who is appointed by the Cabinet. An appeal to a High Court is called kōso (控訴). The high courts are appellate courts for either kōso appeals from district court judgments, criminal judgements from summary courts, or, in civil cases tried initially in summary courts, second (jōkoku) appeals limited to issues of law.
At the apex of the judicial hierarchy is the fifteen justice Supreme Court (Saikō saibansho 最高裁判所) is located adjacent to the National Diet Building
. The "Grand Bench" (大法廷 Daihōtei) of the Supreme Court has associate justices, who are appointed by the Cabinet
with the Emperor
's approval even though constitutionally, the emperor cannot reject. The Grand Bench is subdivided into three "Petty Benches" (小法廷 Shōhōtei) of five justices each, who hear incoming appeals and recommend them for an audience before the Grand Bench. An appeal to the Supreme Court is called jōkoku (上告), and requires either an error in the interpretation of the Constitution, or an error in the interpretation of case law from the Supreme Court or High Court.
In addition to these strata, there is also a Family Court (家庭裁判所 Katei-saiban-sho) tied to each District Court, as well as in over 200 branch offices throughout the country. Family Courts primarily deal with juvenile delinquency cases and divorce, although they have a broad jurisdiction that encompasses all forms of domestic disputes, including correcting koseki
registration data and partitioning estates. If a settlement cannot be reached between the parties, the case is transferred to the District Court.
Although juries
have not been used in Japan since 1943, a new quasi-jury system was passed into law in May 2004 and was implemented in 2009.
Constitution of Japan
The is the fundamental law of Japan. It was enacted on 3 May, 1947 as a new constitution for postwar Japan.-Outline:The constitution provides for a parliamentary system of government and guarantees certain fundamental rights...
guarantees that "all judges shall be independent in the exercise of their conscience and shall be bound only by this constitution and the Laws" (Article 76). They cannot be removed from the bench "unless judicially declared mentally or physically incompetent to perform official duties," and they cannot be disciplined by executive agencies (Article 78). A Supreme Court
Supreme Court of Japan
The Supreme Court of Japan , located in Chiyoda, Tokyo is the highest court in Japan. It has ultimate judicial authority to interpret the Japanese constitution and decide questions of national law...
judge, however, may be removed by a majority of voters in a referendum that occurs at the first general election following the judge's appointment and every ten years thereafter. As of 2005, no judge has ever been voted out of office.
In the prewar system, in contrast, the judiciary was far more constrained than it is under the present constitution
Constitution of Japan
The is the fundamental law of Japan. It was enacted on 3 May, 1947 as a new constitution for postwar Japan.-Outline:The constitution provides for a parliamentary system of government and guarantees certain fundamental rights...
and had no authority over administrative or constitutional law cases. Moreover, the Ministry of Justice had complete and direct control over the courts' administrative affairs. Nonetheless, Professor John Haley argues that the courts maintained complete independence in the adjudication of particular cases. "Judicial independence from the political branches was emphatically established as a fundamental principle of governance in Article 57 of the 1889 Constitution. Of all branches of government only the courts exercised authority "in the name of the emperor." Haley argues that this was and remains a matter of great pride for Japanese judges and notes that "placed prominently in all courtrooms was the inscription 'in the name of the emperor' as a meaningful reminder to imperial officials and subjects alike that the emperor's judges were not subject to political control or direction."
Courts
Japan's court system is divided into four basic tiers.At the first of the four tiers of courts are the 438 summary courts (簡易裁判所 kani saibansho), staffed by 806 summary court judges. Summary court judges are not career judges. Qualification as a regular judge is not required. Instead, summary court judges are formally nominated for pro forma cabinet appointment by a special selection committee formally comprising all Supreme Court justices, the president (chōkan) of the Tokyo High Court, the deputy procurator general, representatives of the bar, and others "with special knowledge and experience. They mostly handle small claims civil cases (disputes not in excess of ¥1,400,000), as well as minor criminal offenses. They are only able to imprison defendants in a few special cases. Summary Courts are presided over by one judge. Civil cases in the Summary Court are appealed to the District Court, while criminal cases are appealed to the High Court.
At the second tier are the district courts (地方裁判所 chihō saibansho), the principal courts of first instance. There are 50 district courts with additional 203 branches. Except for minor cases, which account for 80 to 90 percent of all adjudicated cases, trials require a three-judge panel.These are the courts of general jurisdiction and the principal court of first instance. District Courts have original jurisdiction in felony
Felony
A felony is a serious crime in the common law countries. The term originates from English common law where felonies were originally crimes which involved the confiscation of a convicted person's land and goods; other crimes were called misdemeanors...
cases and in civil cases where the disputed amount is over ¥1,400,000. They also handle bankruptcy
Bankruptcy
Bankruptcy is a legal status of an insolvent person or an organisation, that is, one that cannot repay the debts owed to creditors. In most jurisdictions bankruptcy is imposed by a court order, often initiated by the debtor....
hearings. Each District Court trial is presided over by at least one judge: two associate judges are also called in for appellate cases from Summary or Family Courts, or for criminal cases where the maximum penalty would be in excess of 1 year in prison. Attorneys sit on either side of the courtroom, facing the center. In a criminal case, the accused faces the judges from the rear of the courtroom. The witness box is in the center, also facing the judges.
There are eight High Courts (高等裁判所 Kōtō-saiban-sho). They (Sapporo, Sendai
Sendai, Miyagi
is the capital city of Miyagi Prefecture, Japan, and the largest city in the Tōhoku Region. In 2005, the city had a population of one million, and was one of Japan's 19 designated cities...
, Tokyo
Tokyo
, ; officially , is one of the 47 prefectures of Japan. Tokyo is the capital of Japan, the center of the Greater Tokyo Area, and the largest metropolitan area of Japan. It is the seat of the Japanese government and the Imperial Palace, and the home of the Japanese Imperial Family...
, Nagoya, Osaka
Osaka
is a city in the Kansai region of Japan's main island of Honshu, a designated city under the Local Autonomy Law, the capital city of Osaka Prefecture and also the biggest part of Keihanshin area, which is represented by three major cities of Japan, Kyoto, Osaka and Kobe...
, Hiroshima, Takamatsu
Takamatsu, Kagawa
is a city located in central Kagawa Prefecture on the island of Shikoku in Japan, and is the seat of the prefectural government. It is designated a core city by the Japanese Government. It is a port city located on the Seto Inland Sea, and is the closest port to Honshu from Shikoku island...
, and Fukuoka
Fukuoka, Fukuoka
is the capital city of Fukuoka Prefecture and is situated on the northern shore of the island of Kyushu in Japan.Voted number 14 in a 2010 poll of the World's Most Livable Cities, Fukuoka is praised for its green spaces in a metropolitan setting. It is the most populous city in Kyushu, followed by...
) serve defined circuits of several prefectures each; there are also "branch offices" in Akita
Akita, Akita
is the capital city of Akita Prefecture in the Tohoku region of Japan.As of June 11, 2005, with the merger of the former Kawabe District , the city has an estimated population of 323,310 and density of...
, Kanazawa
Kanazawa, Ishikawa
is the capital city of Ishikawa Prefecture, Japan.-Geography, climate, and population:Kanazawa sits on the Sea of Japan, bordered by the Japan Alps, Hakusan National Park and Noto Peninsula National Park. The city sits between the Sai and Asano rivers. Its total area is 467.77 km².Kanazawa's...
, Okayama
Okayama, Okayama
is the capital city of Okayama Prefecture in the Chūgoku region of Japan.The city was founded on June 1, 1889. As of August 2010, the city has an estimated population of 705,224 and a population density of 893 persons per km². The total area is 789.88 km²....
, Matsue
Matsue, Shimane
is the capital city of Shimane Prefecture in the Chūgoku region of Japan.As of August, 2011, the city has an estimated population of 207,000, following its most recent merging with Higashi-Izumo...
, Miyazaki
Miyazaki, Miyazaki
is the capital city of Miyazaki Prefecture on the island of Kyūshū in Japan. Located on the coast and perforated by several rivers, Miyazaki City enjoys scenic views of both ocean and nearby, verdant mountains...
, and Naha
Naha, Okinawa
is the capital city of the Japanese prefecture of Okinawa.Naha is a coastal city located on the East China Sea coast of the southern part of Okinawa Island, the largest of the Ryukyu Islands...
. There also exists the Intellectual Property High Court
Intellectual Property High Court
The Intellectual Property High Court , sometimes abbreviated IPHC, is a special branch of Tokyo High Court in the judicial system of Japan. It is based in Kasumigaseki, a district in Chiyoda Ward in Tokyo, Japan....
(知的財産高等裁判所 Chiteki-zaisan-kōtō-saiban-sho) in Tokyo, which is a special branch of Tokyo High Court
Tokyo High Court
is a high court in Kasumigaseki, Chiyoda, Tokyo, Japan. The Intellectual Property High Court is a special branch of Tokyo High Court....
. A High Court usually sits in the same manner as a three-judge District Court. Each court is led by a President, who is appointed by the Cabinet. An appeal to a High Court is called kōso (控訴). The high courts are appellate courts for either kōso appeals from district court judgments, criminal judgements from summary courts, or, in civil cases tried initially in summary courts, second (jōkoku) appeals limited to issues of law.
At the apex of the judicial hierarchy is the fifteen justice Supreme Court (Saikō saibansho 最高裁判所) is located adjacent to the National Diet Building
Diet of Japan
The is Japan's bicameral legislature. It is composed of a lower house, called the House of Representatives, and an upper house, called the House of Councillors. Both houses of the Diet are directly elected under a parallel voting system. In addition to passing laws, the Diet is formally...
. The "Grand Bench" (大法廷 Daihōtei) of the Supreme Court has associate justices, who are appointed by the Cabinet
Cabinet of Japan
The of Japan is the executive branch of the government of Japan. It consists of the Prime Minister and up to fourteen other members, called Ministers of State. The Prime Minister is designated by the Diet, and the remaining ministers are appointed and dismissed by the Prime Minister...
with the Emperor
Emperor of Japan
The Emperor of Japan is, according to the 1947 Constitution of Japan, "the symbol of the state and of the unity of the people." He is a ceremonial figurehead under a form of constitutional monarchy and is head of the Japanese Imperial Family with functions as head of state. He is also the highest...
's approval even though constitutionally, the emperor cannot reject. The Grand Bench is subdivided into three "Petty Benches" (小法廷 Shōhōtei) of five justices each, who hear incoming appeals and recommend them for an audience before the Grand Bench. An appeal to the Supreme Court is called jōkoku (上告), and requires either an error in the interpretation of the Constitution, or an error in the interpretation of case law from the Supreme Court or High Court.
In addition to these strata, there is also a Family Court (家庭裁判所 Katei-saiban-sho) tied to each District Court, as well as in over 200 branch offices throughout the country. Family Courts primarily deal with juvenile delinquency cases and divorce, although they have a broad jurisdiction that encompasses all forms of domestic disputes, including correcting koseki
Koseki
A is a Japanese family registry. Japanese law requires all Japanese households to report births, acknowledgements of paternity, adoptions, disruptions of adoptions, deaths, marriages and divorces of Japanese citizens to their local authority, which compiles such records encompassing all Japanese...
registration data and partitioning estates. If a settlement cannot be reached between the parties, the case is transferred to the District Court.
Although juries
Jury
A jury is a sworn body of people convened to render an impartial verdict officially submitted to them by a court, or to set a penalty or judgment. Modern juries tend to be found in courts to ascertain the guilt, or lack thereof, in a crime. In Anglophone jurisdictions, the verdict may be guilty,...
have not been used in Japan since 1943, a new quasi-jury system was passed into law in May 2004 and was implemented in 2009.
See also
- Japanese lawJapanese law-Historical Developments:Pre-Modern History The early law of Japan was heavily influenced by Chinese law. Little is known about Japanese law prior to the seventh century, when the Ritsuryō was developed and codified. Before Chinese characters were transplanted and adopted by the Japanese, the...
- Public order and internal security in JapanPublic order and internal security in JapanConditions of public order in Japan compare favorably with those in other industrialized countries. The overall crime rate is low by North American and West European standards and has shown a general decline since the mid-1960s. The incidence of violent crime is especially low, due mainly to...
- Criminal justice system of JapanCriminal justice system of JapanThree basic features of Japan's system of criminal justice characterize its operations. First, the institutions—police, government prosecutor's offices, courts, and correctional organs—maintain close and cooperative relations with each other, consulting frequently on how best to accomplish the...
- Supreme Court of JapanSupreme Court of JapanThe Supreme Court of Japan , located in Chiyoda, Tokyo is the highest court in Japan. It has ultimate judicial authority to interpret the Japanese constitution and decide questions of national law...
- Juries in JapanJuries in JapanLay judges in Japan were first introduced to in 1923, led by Prime Minister Kato Tomosaburo. Although the system generated relatively high acquittal rates, it was rarely used, in part because it required defendants to give up their rights to appeal of the factual determinations made. The system...
- Attorney at law (Japan)Attorney at law (Japan)In Japan, form the base of the country's legal community. They are the only individuals authorized to represent others and they are automatically qualified to practice in most Japanese legal professions...