Japan's Civil Law System Essay

2600 Words Oct 28th, 2010 11 Pages
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
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For instance, in 1977 the ratio of lawyers to the general population in Japan was 10% of that in the United States. Almost all of these were concentrated in Tokyo and Osaka. If society compares a supposedly less litigious society to America, the findings would show that “with less than two-thirds of Japan's population, Germany has nearly six times as many judges as Japan.” This highlights the counter-intuitive tendency for the number of legal professionals to be dropping, rather than rising. The world is told that, “Japan has fewer lawyers and judges per capita today than it did in the mid-1920s.” The number of judges has remained almost constant since 1890, while the population has almost tripled. “Today there is approximately one judge for every 60,000 persons in Japan as compared to one judge for every 22,000 persons in 1890.” This is not for want of willing aspirants to the legal profession. Whereas in 1975 in America 74% passed their bar examination, in Japan it was only 1.7%. The Japanese may well share the view of Haley in relation to America that 'by increasing the number of judges to reduce our court delays, for instance, we may simply spur more litigation and greater social disintegration (MacFarlane A, 1995).

The Advantages and Disadvantages of the System.
Civil law relies on legislation as the source of law

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