Analyzing the Legal System and Associated Customs in Japan

When it comes to the legal system and customs associated with it, Japan is unique among other nations. With a culture that is vast and complex, Japan’s legal system is not only intricate but also has a long, storied past. In this article, we'll explore the legal system and customs of Japan to better understand how the nation and its people conduct business and interact with each other.

An Overview of the Japanese Legal System

Japan's legal system is largely a civil law system, based on centuries-old practices and customs. The formation of the modern Japanese legal system dates back to the Meiji period (1868–1912), when the nation was opened to the Western world. At this time, the government issued a number of codes that, while based on traditional customs, were influenced by French and German civil law. The Civil Code of Japan was as one such code and is still in use today.

In addition to the Civil Code, which applies to matters such as contracts and property issues, Japan has a Criminal Code covering punishable acts and a number of other specialized codes covering areas of the law such as taxation, commercial law, and labor rights. Japanese law also covers statutes passed by the national and local governments, as well as court-decided precedents.

The Structure of the Japanese Court System

The Japanese court system is composed of a hierarchy of courts. At the highest level of this hierarchy is the Supreme Court, which is the final court of appeal. Beneath the Supreme Court are ten high courts and beneath these are district courts, family courts, and summary courts.

The highest court in Japan is the Supreme Court, commonly referred to as Saiko Saibansho. It consists of 15 judges and is located in Tokyo. The court’s primary duty is to provide authoritative legal interpretations of the Constitution and other laws and regulations.
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The Supreme Court also hears appeals from the high courts, which receive appeals from the district, family and summary courts. The district courts hear a wide range of civil, criminal, and other civil matters arising at the district level, while the family courts deal with matters relating to family law, such as divorce and adoption. The summary courts, which are the lowest-level courts in Japan, have jurisdiction over minor cases such as minor disputes and small civil suits.

Japan’s Legal Profession

The legal profession in Japan is highly regulated and specialised, and all lawyers must be licensed. It is divided into two main categories: judges and public prosecutors. Judges are responsible for resolving legal disputes in court and deciding the outcome of trials. Public prosecutors investigate crimes and represent the state in criminal trials.

In addition to judges and public prosecutors, there are two other categories of lawyers in Japan: barristers, who provide legal advice and are authorized to represent clients in court, and patent attorneys, who are qualified to prepare and file patent applications.

Personal Legal Matters in Japan

Personal legal matters in Japan are often handled according to its traditions and customs. For example, in a family dispute or inheritance case, it is customary for the parties involved to resolve the dispute through mediation instead of bringing their case to court. Alternatively, in some cases, family members may seek the advice of a sōsai or consultant, who has expertise in legal matters, to help resolve their dispute.

Another example of a legal practice in Japan is the so-called wa-sesshoku or legal document process, which is used to formalize transactions between two or more parties. In this process, the documents are physically handed over and then signed as a form of acknowledgement. This process is still widely used today, despite the introduction of modern technology, because Japanese law still recognizes signed physical documents as legally binding.

Foreigners in Japan’s Legal System

Foreigners living in Japan are generally subject to the same legal system as Japanese citizens. However, it is important to note that foreign nationals can face additional legal restrictions due to their immigration status, such as residence or employment restrictions. Additionally, as foreigners are unfamiliar with Japanese language and customs, they may encounter difficulties in understanding the legal system and court proceedings.

In order to overcome such difficulties, many foreigners living in Japan have legal help from professionals, such as lawyers and interpreters, who can interpret the laws and legal documents into the foreigner’s native language.
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Conclusion

To conclude, Japan’s legal system and customs are intricate and steeped in centuries-old customs. The civil law system with itsunique codes and statutes has formed the basis of the nation’s legal structure and guides personal and corporate decisions. Additionally, the court system, which is composed of a hierarchy of courts, provides legal outlets to settle disputes and interpret the law. Furthermore, the legal profession and certain legal practices, such as wa-sesshoku, are regulated and remain important aspects of the nation’s culture.

At the same time, foreigners living in Japan must also be aware of their immigration and other legal rights, which may be different from those of Japanese citizens.