Japan Law quiz

Japanese Civil Code, body of private law adopted in 1896 which, with post-World War II amendments, remains in effect in present-day Japan. The code was the result of various movements for modernization following the Meiji Restoration of 1868. A legal code was needed that could meet the requirements of the new free-enterprise system that prevailed with the dissolution of feudal land-ownership. At the same time, the Japanese wanted to present themselves to the world as a more modern nation in the hope of renegotiating some unfavorably balanced and often abusive treaties with Western nations. The resulting code was modeled on the first draft of the German Civil Code, which was itself very Roman in structure and essence.

Legal system

The Japanese legal system is based on the civil law system, which follows the model of European legal systems, especially the legal systems of Germany and France. Japan established its legal system when imperial rule was restored in Japan in 1868 - the Meiji Restoration. The Meiji Constitution was the organic law of the Japanese Empire in effect from 1890 to 1945. After Japan's defeat in World War II, a major legal reform took place, and the constitution was drafted with American influence under the Allied occupation. The current Japanese legal system is a hybrid of continental and American law.

Court system

Judicial power is vested in the Supreme Court and lower courts (High Courts, District Courts, Family Courts, and Summary Courts). Japan's court system is divided into four levels. The first level of courts are 438 summary courts that deal with minor criminal cases and civil cases for claims valued at less than 1,400,000 yen. The second is the district courts, which are the principal courts of first instance, dealing with most civil, criminal, and administrative law cases. Since 2009 all district courts and some of their branches have handled criminal proceedings with common assessors (saiban-in) for the most serious criminal offenses carrying a possible sentence of death or life imprisonment. There are 50 district and family courts with an additional 203 branches. In addition to adjudicating cases, the district courts, family courts, and summary courts also provide mediation services. There are eight high courts. An Intellectual Property High Court also exists. There is a Supreme Court with rule-making power. The independence of the judiciary is guaranteed by the constitution. Most judges are virtually lifelong employees of the national government bureaucracy. Supreme Court decisions are considered binding on lower courts. Decisions of higher courts are very influential in lower courts. Judicial decisions considered important are compiled and codified. Judiciary statistics can be found on the Courts of Japan website.

Legal Blogs

The legal blogosphere in the United States has been active for quite some time; however, law-related blogs are a relatively new medium for reporting Japanese legal news. The Japanese Law Blog collects current news and information about Japanese law. The Japanese Law and Asia-Pacific focuses on Japanese law in Asia-Pacific socio-economic content. The Australian Network for Japanese Law (ANJeL) also promotes communication on Japanese law in Australia. "Attorney Ochiai's Page" provides law-related news daily. The number of blogs by lawyers and law professors is small at the moment. Blogs have become an increasingly popular and powerful resource for obtaining information related to Japanese law.

Civil Law

The organ of private law, the Civil Code (Law No. 89 of 1896) was promulgated in 1896 and took effect in 1898. The code was heavily influenced by the French and German civil codes. After the US occupation in 1945, the code remained unchanged except for the fifth (family law) and sixth (inheritance law) sections, which followed Japanese feudal traditions. The first Code of Civil Procedure (CCP) was created in 1891 on the model of the German CCP of 1877 and overall revisions were made in 1927 on the model of the Austrian CCP. Although post-war revisions modified the CCP in the Anglo-American style to introduce the adversarial principle at the oral argument stage, reaffirm the principle of the rule of law and constitutional safeguards for fundamental human rights, the basic structure remained in effect until 1996. More recent amendments to the CCP (Act No. 109 of 2006) were added in 2003 to place greater emphasis on expediting proceedings as emphasized in the 2001 recommendations of the Judicial Reform Council.

Criminal law

In 1880, the Meiji government adopted the first official penal code based on French models such as the Napoleonic Code. In 1907, a new code was created and has undergone several revisions since then. The most important revision was made in 1947 in accordance with the principles of the new post-war constitution, which fully guarantees fundamental human rights. The Criminal Procedure Code, Chizaiho, was legislated in 1890. A new Criminal Procedure Code based on German law was enacted in 1922. During post-war legal reform under the American occupation, the current Criminal Procedure Code was enacted in 1948 to reflect the growing influence of the Anglo-American legal system. Therefore, Japan's criminal justice adopted a blend of features of the continental European legal system in the Penal Code and the Anglo-American style in the Criminal Procedure Code. To strengthen the Japanese judicial system, a bill was passed in 2004 that provided for the reestablishment of the Kusai-Juri (Saiban-in) system. Japan had a jury trial law from 1923 to 1943. The Criminal Procedure Code was revised, and jury trials came into effect, in 2009.

Labor Law

Although labor law in Japan was created under the occupation of the United States GHQ, much of Japanese labor law is derived from German, English, and French legal sources. Japan's labor law is at the top of the Constitution, below which are the Civil Code, Criminal Law, and Administrative Regulations. The fundamental provisions in the Constitution define the principles and rights of labor law in Articles 25, 27, and 28. The basic principle governing legal regulation in labor law reflects the systems of rights and obligations in the relevant laws.

Gender Discrimination

The Labor Standards Law regulates the relationship between labor and management. Article 4 of the Labor Standards Act prohibits discrimination in pay on the basis of gender. A legal doctrine based on Article 90 of the Civil Code has been developed to nullify any judicial action by the courts to enforce the constitutional principle of equality in Article 14 and to supplement the limited protections against gender discrimination outside of pay considerations in the Labor Standards Law. The United Nations Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) was ratified by the Japanese government in 1985, and the first version of the Equal Employment Opportunity Law was enacted into law and later revised in 1997 to strengthen the legal mechanisms against gender discrimination. Further amendments to the EEOL were made in 2006 to broaden the applicability of the EEOL to both female and male employees and to add provisions addressing pressure for demotion, changes in employment conditions, and forced retirement.