Judicial system 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 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 was ever voted out from the office. In the prewar system, in contrast, the executive bodies had much control over the courts.^{[citation needed]}

Contents 1 Courts 2 See also 3 External links 4 References

[edit] 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.

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).

The Supreme Court (最高裁判所 Saikō-saiban-sho) is located adjacent to the National Diet Building in Hayabusacho (next to Nagatachō), Tokyo. 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 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.

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.

[edit] See also

• Japanese law
• Public order and internal security in Japan
• Criminal justice system of Japan
• Supreme Court of Japan
• Jury in Japan
• Attorney at law (Japan)

[edit] External links

• Courts.go.jp - Official site of the Japanese Supreme Court

[edit] References

•  This article incorporates public domain material from websites or documents of the Library of Congress Country Studies. - Japan