Japan And Civil Jury Trials
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Japan And Civil Jury Trials
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Author : Matthew J. Wilson
language : en
Publisher: Edward Elgar Publishing
Release Date : 2015-08-28
Japan And Civil Jury Trials written by Matthew J. Wilson and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-08-28 with Law categories.
With effective solutions in both criminal and civil disputes at a premium, reformers have advanced varied forms of jury systems as a means of fostering positive political, economic, and social change. Many countries have recently integrated lay partici
The Development Of Jury Service In Japan
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Author : Anna Dobrovolskaia
language : en
Publisher: Routledge
Release Date : 2016-08-19
The Development Of Jury Service In Japan written by Anna Dobrovolskaia and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-08-19 with Law categories.
This book presents a comprehensive account of past and present efforts to introduce the jury system in Japan. Four legal reforms are documented and assessed: the implementation of the bureaucratic and all-judge special jury systems in the 1870s, the introduction of the all-layperson jury in the late 1920s, the transplantation of the Anglo-American-style jury system to Okinawa under the U.S. Occupation, and the implementation of the mixed-court lay judge (saiban’in) system in 2009. While being primarily interested in the related case studies, the book also discusses the instances when the idea of introducing trial by jury was rejected at different times in Japan’s history. Why does legal reform happen? What are the determinants of success and failure of a reform effort? What are the prospects of the saiban’in system to function effectively in Japan? This book offers important insights on the questions that lie at the core of the law and society debate and are highly relevant for understanding contemporary Japan and its recent and distant past.
Juries In The Japanese Legal System
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Author : Dimitri Vanoverbeke
language : en
Publisher: Routledge
Release Date : 2015-04-10
Juries In The Japanese Legal System written by Dimitri Vanoverbeke and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-04-10 with Social Science categories.
Trial by jury is not a fundamental part of the Japanese legal system, but there has been a recent important move towards this with the introduction in 2009 of the lay assessor system whereby lay people sit with judges in criminal trials. This book considers the debates in Japan which surround this development. It examines the political and socio-legal contexts, contrasting the view that the participation of ordinary citizens in criminal trials is an important manifestation of democracy, with the view that Japan as a society where authority is highly venerated is not natural territory for a system where lay people are likely to express views at odds with expert judges. It discusses Japan’s earlier experiments with jury trials in the late 19th Century, the period 1923-43, and up to 1970 in US-controlled Okinawa, compares developing views in Japan on this issue with views in other countries, where dissatisfaction with the jury system is often evident, and concludes by assessing how the new system in Japan is working out and how it is likely to develop.
Outline Of Civil Trial In Japan
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Author : Japan. Saikō Saibansho
language : en
Publisher:
Release Date : 1995
Outline Of Civil Trial In Japan written by Japan. Saikō Saibansho and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1995 with Civil procedure categories.
The Japanese Legal System
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Author : Hideo Tanaka
language : en
Publisher: [Tokyo] : University of Tokyo Press ; Forest Grove, Or. : distributor, ISBS, c1976, 1984 printing.
Release Date : 1976
The Japanese Legal System written by Hideo Tanaka and has been published by [Tokyo] : University of Tokyo Press ; Forest Grove, Or. : distributor, ISBS, c1976, 1984 printing. this book supported file pdf, txt, epub, kindle and other format this book has been release on 1976 with Constitutional law categories.
Who Judges
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Author : Rieko Kage
language : en
Publisher: Cambridge University Press
Release Date : 2017-10-12
Who Judges written by Rieko Kage and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-10-12 with Law categories.
Who Judges? is the first book to explain why different states design their new jury systems in markedly different ways.
The Rule Of Law In Japan
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Author : Carl F. Goodman
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2017-04-01
The Rule Of Law In Japan written by Carl F. Goodman and has been published by Kluwer Law International B.V. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-04-01 with Law categories.
Practitioners who deal with Japanese law have put great store by earlier editions of this major work, which systematically compares United States (US) law and Japanese law across all the major fields of legal practice. This fourth revised edition updates the work with the continuing dramatic changes in Japan’s legal system, including changes in criminal trials, disclosures to defense counsel of evidence to be used by the prosecution, the increasing use of recordings of interrogation sessions, and the impact of the indigenous movement for judicial reform. All chapters have been updated. In the fourth revised edition, which follows the same comparative structure as formerly, author Carl Goodman ̄ an internationally known authority with extensive experience in international practice, university teaching in both Japan and the US, and US government service — takes expert stock of new developments, including the following: • the Cabinet’s Declaration reinterpreting the Renunciation of War Clause in the Constitution and legislation following such reinterpretation; • interpretation of new rules for international jurisdiction of Japanese courts, including the new law’s effect on mirror image lawsuits filed in Japan; • the Supreme Court’s rulings dealing with the presumption of paternity, the waiting period for remarriage after divorce, and inheritance rights of “out of wedlock children”; • international and domestic Japanese child custody; • unanticipated consequences of criminal trials before the new mixed lay/professional panels; • debate concerning the Emperor’s announcement of his desired abdication; and • an update of Japan’s experiment with new graduate legal faculties. Although the alteration of the legal landscape in Japan is highly visible, the author does not hesitate to raise questions as to how far-reaching the changes really are. In almost every branch of the new Japanese legal practice he uncovers ways in which laws and judicial rulings are closely qualified and are likely to present challenges in any given case. He reminds the reader in each chapter that “what you see may not be what you get”. For this reason, and for its comprehensive coverage, this new edition is sure to gain new adherents as the best-informed practical guide for non-Japanese lawyers with dealings in Japan.
Popular Participation In Japanese Criminal Justice
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Author : Andrew Watson
language : en
Publisher: Springer
Release Date : 2016-10-26
Popular Participation In Japanese Criminal Justice written by Andrew Watson and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-10-26 with Social Science categories.
This book analyses the mixed courts of professional and lay judges in the Japanese criminal justice system. It takes a particular focus on the highly public start of the mixed court, the saiban-in system, and the jury system between 1928-1943. This was the first time Japanese citizens participated as decision makers in criminal law. The book assesses reasons for the jury system's failure, and its suspension in 1943, as well as the renewed interest in popular involvement in criminal justice at the end of the twentieth century. Popular Participation in Japanese Criminal Justice proceeds by explaining the process by which lay participation in criminal trials left the periphery to become an important national matter at the turn of the century. It shows that rather than an Anglo-American jury model, outline recommendations made by the Japanese Judicial Reform Council were for a mixed court of judges and laypersons to try serious cases. Concerns about the lay judge/saiban-in system are raised, as well as explanations for why it is flourishing in contemporary society despite the failure of the jury system during the period 1928-1943. The book presents the wider significance of Japanese mixed courts in Asia and beyond, and in doing so will be of great interests to scholars of socio-legal studies, criminology and criminal justice.
The Japanese Legal System
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Author : Tom Ginsburg
language : en
Publisher: Robbins Collection
Release Date : 2012
The Japanese Legal System written by Tom Ginsburg and has been published by Robbins Collection this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012 with Justice, Administration of categories.
Japan's legal system has entered its second decade since the adoption of the Justice System Reform Council Report in 2001, and its third decade of what have been called the Heisei reforms, after the current Imperial reign. This period has seen what must be characterized as steady restructuring of legal institutions, with the intention of producing a more responsive legal system. The most dramatic changes-those to legal education, to civil procedure, and to the criminal trial process with the introduction of the jury system-have now had several years to operate. Yet it is becoming clear that in numerous other areas of law there have been substantive changes, and that these may have significant consequences for Japanese society in the decades ahead. This volume seeks to provide a snapshot of many of these areas of legal change, and to explore how innovations are operating in practice.
Who Rules Japan
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Author : Leon Wolff
language : en
Publisher: Edward Elgar Publishing
Release Date : 2015-04-30
Who Rules Japan written by Leon Wolff and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-04-30 with Law categories.
The dramatic growth of the Japanese economy in the postwar period, and its meltdown in the 1990s, has attracted sustained interest in the power dynamics underlying the management of Japanês administrative state. Scholars and commentators have long deba