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Encyclopedia > Judicial system of Japan
Japan

This article is part of the series:
Politics and government of
Japan
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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 justice, however, may be removed by a majority of voters in a referendum that occurs at the first general election following the justice's appointment and every ten years thereafter. As of 2005, no judge was ever voted out from the office. In the prewar system, in contrast, the executive bodies have had much control over the courts. The following text needs to be harmonized with text in the article Japan#Government and politics. ... For the CPR ocean liner, see Empress of Japan. ... The following is a traditional list of Emperors of Japan. ... Akihito () (born December 23, 1933) is the current Emperor ) of Japan, the 125th sovereign to hold that title, according to the traditional order of succession. ... Imperial Household Agency building on the grounds of the Imperial Palace in Tokyo The Imperial Household Agency ) is a government agency of Japan in charge of the state matters concerning Japans imperial family and also keeping the Privy Seal and the State Seal. ... The Prime Minister of Japan (内閣総理大臣 Naikaku sōri daijin) is the usual English-language term used for the head of government of Japan, although the literal translation of the Japanese name for the office is Prime Minister of the Cabinet. ... This is a historical list of individuals who have served as Prime Minister of Japan. ... Shinzo Abe , ; born September 21, 1954) is the current Prime Minister of Japan, elected by a special session of the National Diet on September 26, 2006. ... The Cabinet (内閣, Naikaku) is the executive branch of the government of Japan. ... The most influential part of the executive of the Japanese government are the ministries. ... The National Diet of Japan ) is Japans legislature. ... The House of Councillors ) is the upper house of the Diet of Japan. ... The House of Representatives ) is the lower house of the Diet of Japan. ... The Japanese political system has three types of elections: general elections to the House of Representatives held every four years (unless the lower house is dissolved earlier), elections to the House of Councillors held every three years to choose one-half of its members, and local elections held every four... Japan held a nationwide election to the House of Representatives, the more powerful lower house of the National Diet, on February 18, 1990. ... Japan held a nationwide election to the House of Representatives, the more powerful lower house of the National Diet, on July 18, 1993. ... A general election took place in Japan on October 20, 1996. ... Elections to the Shugi-In (House of Representatives) of the Japanese Diet were held on 25 June 2000. ... Incumbent Prime Minister Junichiro Koizumi A general election took place in Japan on November 9, 2003. ... Elections to the House of Councillors, the upper house of the legislature of Japan, were held on July 11, 2004. ... For a breakdown of the results by block district with maps, see Results of Japan general election, 2005 Japan held a nationwide election to the House of Representatives, the more powerful lower house of the National Diet, on 11 September 2005, about two years before the end of the term... Elections to the House of Councillors, the upper house of the legislature of Japan, will be held on July 22, 2007. ... Political parties in Japan lists political parties in Japan. ... The Liberal Democratic Party ), frequently abbreviated to LDP or Jimintō ), is a conservative political party and the largest party in Japan, which has been ruling almost uninterruptedly since Japan regained independence after World War II. It is not to be confused with the now-defunct Liberal Party ), which merged with... The Democratic Party of Japan ) is a liberal party in Japan. ... The New Komeito ), New Komeito Party , or NKP is a political party in Japan formed by Daisaku Ikeda, leader of the Buddhist organization Soka Gakkai. ... The Japanese Communist Party or Japan Communist Party (JCP) (in Japanese 日本共産党, Nihon Kyōsan-tō) is a political party in Japan. ... The Social Democratic Party (社会民主党 Shakai Minshu-tō, often abbreviated to 社民党 Shamin-tō; also abbreviated as SDP in English) is a political party of Japan. ... } While Japans political mainstream can be described as a one and a half party system, with the LDP being the dominant force, there is room for political extremism to the left and the right. ... The prefectures of Japan are the countrys 47 sub-national jurisdictions: one metropolis (都 to), Tokyo; one circuit (道 dō), Hokkaidō; two urban prefectures (府 fu), Osaka and Kyoto; and 43 other prefectures (県 ken). ... Monetary policy pertains to the regulation, availability, and cost of credit, while fiscal policy deals with government expenditures, taxes, and debt. ... The primary responsibility for the Japanese foreign policy, as determined by the 1947 constitution, is exercised by the cabinet and subject to the overall supervision of the National Diet. ... Despite the burst of the Japanese asset price bubble in the early 1990s and the subsequent slow economic growth, Japan remains a major economic and cultural power. ... Japan is a liberal democracy. ... Information on politics by country is available for every country, including both de jure and de facto independent states, inhabited dependent territories, as well as areas of special sovereignty. ... The Constitution of Japan has been the founding legal document of Japan since 1947. ... The Supreme Court of Japan ((最高裁判所 Saikō-Saibansho; called 最高裁 Saikō-Sai for short), located in Chiyoda, Tokyo is the highest court in Japan. ... Year 2005 (MMV) was a common year starting on Saturday (link displays full calendar) of the Gregorian calendar. ...

Contents

Courts

Japan's court system is divided into four basic tiers.


There are 438 Summary Courts (簡易裁判所 Kan'i-saiban-sho) scattered around Japan. 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, and cannot in any event imprison a defendant for more than three years. 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.


There is one District Court (地方裁判所 Chihō-saiban-sho) in each prefecture, except for Hokkaido which has four. 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, 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. For the record label, see Felony Records The term felony is a term used in common law systems for very serious crimes, whereas misdemeanors are considered to be less serious offenses. ... Notice of closure stuck on the door of a computer store the day after its parent company, Granville Technology Group Ltd, declared bankruptcy (strictly, put into administration - see text) in the UK. Bankruptcy is a legally declared inability or impairment of ability of an individual or organizations to pay their...


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, although it sits with five judges for certain cases (such as Fair Trade Commission-related cases). Each court is led by a President, who is appointed by the Cabinet. An appeal to a High Court is called kōso (控訴). Sapporo redirects here. ... Sendai ) is the capital city of Miyagi Prefecture, Japan, and the largest city in the Tōhoku (northeast) region. ...   , literally Eastern capital) is a unique subnational administrative region of Japan with characteristics of both a prefecture and a city. ... Nagoya ) is the fourth largest city in Japan. ... Osaka )   is a city in Japan, located at the mouth of the Yodo River on Osaka Bay, in the Kansai region of the main island of HonshÅ«. The city is the capital of Osaka Prefecture. ... The Japanese city of Hiroshima ) is the capital of Hiroshima Prefecture, and the largest city in the ChÅ«goku region of western HonshÅ«, the largest of Japans islands. ... Takamatsu (高松市; -shi lit. ... Concern has been expressed that this article or section is missing information about: Famous people from Fukuoka. ... Akita (ç§‹ç”°, autumn ricefield) is a Japanese surname and the name of serveral places. ... Kanazawa Kanazawa (金沢市; -shi) is the capital city of Ishikawa in Japan. ... Okayama (岡山市; -shi) is the capital city of Okayama Prefecture in the Chugoku region of Japan. ... Matsue (松江市 Matsue-shi) is the capital city of Shimane Prefecture in the Chugoku region of Japan. ... Miyazaki can be: Miyazaki prefecture Miyazaki city of Miyazaki prefecture Name of famous Japanese animator and filmmaker, Hayao Miyazaki Takiri Miyazaki, an athlete Tsutomu Miyazaki, a serial killer and otaku A common Japanese family name. ... Naha (那覇市; -shi) is the capital city of 沖縄県 Okinawa Prefecture (Okinawan Uchinā) in Japan. ... Fair Trade Commission (公正取引委員会; Koō-sei-torihiki-iinnkai) is a commission in the Japanese government responsible for enforcing Antimonopoly Law. ...


The Supreme Court (最高裁判所 Saikō-saiban-sho) is located adjacent to the National Diet Building in Hayabusacho (next to Nagatacho), Tokyo. The "Grand Bench" (大法廷 Daihōtei) of the Supreme Court has fifteen justices, who are appointed by the Cabinet with the Emperor's approval though the constitutionally, 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. The Supreme Court of Japan ((最高裁判所 Saikō-Saibansho; called 最高裁 Saikō-Sai for short), located in Chiyoda, Tokyo is the highest court in Japan. ... The National Diet of Japan ) is Japans legislature. ... Nagatacho (永田町 Nagata-chō) is a district of Tokyo, Japan, located in Chiyoda Ward. ...   , literally Eastern capital) is a unique subnational administrative region of Japan with characteristics of both a prefecture and a city. ... The Cabinet (内閣, Naikaku) is the executive branch of the government of Japan. ... For the CPR ocean liner, see Empress of Japan. ...


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 divorce and juvenile delinquency cases, although they have a broad jurisdiction that encompasses all forms of domestic disputes, including correcting koseki registration data and partitioning estates. Their power is largely limited to mediation, and if a settlement cannot be reached between the parties, the case is transferred to the District Court. A koseki (戸籍) is a family registry. ... Mediation, a form of alternative dispute resolution (ADR), aims to assist two (or more) disputants in reaching an agreement. ...


Although juries have not been used in Japan since 1943, a new quasi-jury system was passed into law in May 2004 and will be implemented in 2009. This article or section does not cite any references or sources. ... Year 1943 (MCMXLIII) was a common year starting on Friday (the link will display full 1943 calendar) of the Gregorian calendar. ... History The jury law was first introduced to Japan in 1923 by the leadership of the Prime Minister Hara Takashi. ... 2004 : January - February - March - April - May - June - July - August - September - October - November - December Deaths in May • 28 Gerald Anthony • 27 Umberto Agnelli • 22 Richard Biggs • 20 Len Murray • 17 Tony Randall • 17 Ezzedine Salim • 9 Alan King • 9 Akhmad Kadyrov • 8...


See also

Japanese law was historically heavily influenced by Chinese law and developed independently during the Edo period through texts such as Kujikata Osadamegaki, but has been largely based on the civil law of Germany since the late 19th century. ... Conditions of public order in Japan compare favorably with those in other industrialized countries. ... Three basic features of Japans system of criminal justice characterize its operations. ... The Supreme Court of Japan ((最高裁判所 Saikō-Saibansho; called 最高裁 Saikō-Sai for short), located in Chiyoda, Tokyo is the highest court in Japan. ... History The jury law was first introduced to Japan in 1923 by the leadership of the Prime Minister Hara Takashi. ... Attorneys at law , lit. ...

External link

The Supreme Court of Japan ((最高裁判所 Saikō-Saibansho; called 最高裁 Saikō-Sai for short), located in Chiyoda, Tokyo is the highest court in Japan. ...

Reference


  Results from FactBites:
 
Politics of Japan - Wikipedia, the free encyclopedia (2940 words)
Japan has a parliamentary government, which consists of three branches: the administration (executive) branch, the legislative branch and the judicial branch.
Japan was occupied by the Allies from the end of World War II in 1945 until 1952.
Japan's judicial system, drawn from customary law, civil law, and Anglo-American common law, consists of several levels of courts, with the Supreme Court as the final judicial authority.
Judicial system of Japan - Wikipedia, the free encyclopedia (1298 words)
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).
Juries have not been used in Japan since 1943, although pending legislation (as of March 2004) in the Diet of Japan seeks to form special judiciary panels for serious criminal cases, which would include randomly-selected citizens.
Japan has a relatively small number of lawyers, about 13,000 practicing in the mid-1980s, compared with 667,000 in the United States, a country with only twice Japan's population.
  More results at FactBites »


 

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