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2 Administrative law 3 The judiciary 4 Law enforcement 5 See also 6 External links |
Laws originate in the Diet of Japan with the rubber-stamp approval of the Emperor.
The main body of Japanese statutory law is a ten-volume collection called the Six Codes (六法 roppô):
Japanese government agencies have very limited regulatory power in the absence of Diet legislation. However, when dealing with businesses, they often issue "directions," "requests," "warnings," "encouragements," and "suggestions," with the implication that noncompliant parties will be obstructed by the agency in the future by receiving poorer quotas or less government aid. The Cold War-era Ministry of International Trade and Industry was especially well-known for this practice.
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 ¥900,000), 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 Chihô-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 ¥900,000. 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 Kôtô-saiban-sho), located in Sapporo, Sendai, Tokyo, Nagoya, Osaka, Hiroshima, Takamatsu, and Fukuoka. Each one serves a defined circuit of several prefectures. There are also "branch offices" of the district courts in Akita, Toyama, Okayama, Matsue, Miyazaki, and Naha. The 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 the High Court is called kôso (控訴).
The Supreme Court (最高裁判所 Saikô-saiban-sho) is located adjacent to the National Diet Building in Nagatacho, Tokyo. The "Grand Bench" (大法廷 Daihôtei) of the Supreme Court has fifteen justices, who are appointed by the Cabinet with the Emperor's approval. The Grand Bench is subdivided into three "Petty Benches" (小法廷 Shôhôtei) 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 jôkoku (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 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.Statutory law
Six Codes
Historical laws
Administrative law
The judiciary