Japan's Civil Law System
Japan’s Civil Law System
Gwen, Simmons
Japan’s Civil Law System The purpose of civil law is to resolve non-criminal disputes. These disagreements may occur over the meaning of contracts, divorce, child custody, property ownership, either personal, or property damage. Civil courts are a place where decisions can be made to solve problems peacefully. The goal of a civil court is to provide legal remedies that ultimately solve problems. Civil law can be based on state or federal statute or a ruling by the court. In Japan, the different types of civil cases are civil litigation cases, civil conciliation cases, civil execution cases, and bankruptcy cases (Judicial Reform Council, 1999). The Japanese culture view courts as a last resort. They look down on legal contracts and formal written agreements. The Japanese prefer to settle disagreements privately and avoid public embarrassment. Each party must work out disputes between themselves. In accidents, arbitrators are used to determine fault and declare what should be done to settle the claim. Compared to the United States, the number of lawyers in Japan is relatively small. However, in 2000 Japan’s attitude toward civil lawsuits began to change. This came about when employees began demanding compensation and rewards for work they had done for their companies. These companies looked to their competitors in other countries to seek answers to these problems. Japanese companies then copied the designs of these other companies in hopes of preventing their employees from filing suits. Many of these cases settle in American courts. Awards in Japanese courts are generally smaller than in the United States. Japan’s civil courts are fairly uniform and predictable, so parties are more willing to accept a deal and avoid the courtroom (Facts & Details, 2010).
According to CRNJapan (2009) the core of Japanese statutory law includes the so-called “Six Codes” (Â ropp). The six codes consist of:
1. The
Gwen, Simmons
Japan’s Civil Law System The purpose of civil law is to resolve non-criminal disputes. These disagreements may occur over the meaning of contracts, divorce, child custody, property ownership, either personal, or property damage. Civil courts are a place where decisions can be made to solve problems peacefully. The goal of a civil court is to provide legal remedies that ultimately solve problems. Civil law can be based on state or federal statute or a ruling by the court. In Japan, the different types of civil cases are civil litigation cases, civil conciliation cases, civil execution cases, and bankruptcy cases (Judicial Reform Council, 1999). The Japanese culture view courts as a last resort. They look down on legal contracts and formal written agreements. The Japanese prefer to settle disagreements privately and avoid public embarrassment. Each party must work out disputes between themselves. In accidents, arbitrators are used to determine fault and declare what should be done to settle the claim. Compared to the United States, the number of lawyers in Japan is relatively small. However, in 2000 Japan’s attitude toward civil lawsuits began to change. This came about when employees began demanding compensation and rewards for work they had done for their companies. These companies looked to their competitors in other countries to seek answers to these problems. Japanese companies then copied the designs of these other companies in hopes of preventing their employees from filing suits. Many of these cases settle in American courts. Awards in Japanese courts are generally smaller than in the United States. Japan’s civil courts are fairly uniform and predictable, so parties are more willing to accept a deal and avoid the courtroom (Facts & Details, 2010).
According to CRNJapan (2009) the core of Japanese statutory law includes the so-called “Six Codes” (Â ropp). The six codes consist of:
1. The
References: Facts and Details (2010). Legal System in Japan. Information retrieved on July 30, 2010 From http://factsanddetails.com/japan.php?itemid=807&catid=22&subcatid=147#14 CRNJapan. (2009). Japan Law. Retrieved from http://www.crnjapan.com/japan-law/japan-law.html MacFarlane, A Academic dictionaries and encyclopedias. (2008). Civil Law . Retrieved from http://en.academic.ru/dic.nsf/enwiki/524945 New World Encyclopedia OKUYAMA, Dr. S., SATO, Izumi. & KASPER, A. J. (1997, October). The New Code of Civil Procedure in Japan. , (), 1-6. The Secretariat of the Judicial Reform Council (1999). The Japanese Judicial System. Information retrieved on July 30, 2010 from http://www.kantei.go.jp/foreign/judiciary/0620system.html (1994) http://www.countrydata.com/cgi-bin/query/r-7338.html (2006)