What is Required of Judicial System Reform ?

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What is Required of Judicial System Reform ?

Establishing the Council on the Reform of the Judicial System (provisional name)
The long-debated reform of the judicial system is about to take off. The Japanese government is expected to submit a bill to form a "Council on the Reform of the Judicial System" ( provisional name) in March during the current Diet session, with the hope that the Council will begin deliberations by July. So, there is now a legitimate question to be asked. Why do we need reform of the judicial system? Reasons have been pointed out by the prominent Japanese newspaper, Nihon Keizai Shimbun, (25 Jan. 1999): "The Japanese judicial system plays a very minor role in solving today's social conflicts, and lacks sufficient authority and functions to maintain checks and balances between the legislative and the executive branches of the government and, consequently, a deep gap has developed between the system as it performs and citizen expectations." This is by far not the first time such a warning has been issued. Unfortunately, for decades individual rights and welfare in Japan have been subordinated to the national interest and to the rights and profits of business. During the era of high economic growth, which saw Japan become a major economic power after World War II, it cannot be denied that the rights of the people were not fully protected under the so-called "20 percent justice system" which implied that justice was served in only 20% of legal cases. Until the "bubble economy" collapsed, it was undoubtedly true that achieving high levels of economic growth were made possible through executive guidance by the administration, with the executive branch successfully keeping the majority of potential legal conflicts from reaching the justice system. However, with today's fierce global competition between nations and businesses, the government is under pressure to shift its role in the Japanese economic system from that of executive guidance to one of oversight. The time has come for greater competition with a relaxation of regulations accompanied by greater responsibilities on the part of individual corporations and business executives.

At A Turning Point
It is not difficult to understand the concept of a shift in the government's role from executive guidance to oversight. However, I wonder how many Japanese can predict the changes in our society which might occur as the result. Japan had maintained a policy of national isolation, which kept the country free from foreign wars but, as a result, it also lagged behind Western countries in the development of science and technology. Since the Meiji era, the country has eagerly adopted modern technologies becoming a Westernized nation. The turbulent times when Japan was at war with most of the world, with the goal of becoming a wealthy military power and the leader in Asia, were over after its defeat. Even though the nation was virtually burned to the ground, the Japanese government and people worked together for a half century to make the country rich. And Japan surprised the world with its "Made in Japan" products, becoming an economic power. It appears to be true that the group effort with joint responsibilities contributed greatly to standardized, high-quality products. However, today people, products and money circulate worldwide, and businesses are eager to merge and form partnerships with foreign companies to survive worldwide competition. Moreover, they are eagerly recruiting superior human resources. This means an end to the life-time employment system, which has guaranteed automatic pay raises for employees based on their length of service without considering their abilities. From now on, the merit system will dominate the labor market. Although there are differences in degree, the Japanese must adopt to the Western approach, in which the strong prey on the weak, whether they like it or not. However, I wonder how many Japanese realize the very substantial changes they will have to face in the near future. And, I wonder if politicians and mass media really understand the scope of these changes. Today, the Japanese are being told to develop a sense of urgency toward reforming the judicial system, because conflicts will increase as free competition accelerates. To solve conflicts arising from tough competition, the number of lawyers in the United States is many times greater than in Japan. By the way, there are arguments that Japan has too many doctors. However, because there so are many doctors, some can concentrate on the research and development of new medical treatments while others are easily available to the public, facilitating good relationships with citizens. So a policy which expands the legal profession is eagerly anticipated, as it will make the lives of its citizens more comfortable. Increasing the number of lawyers, judges and public prosecutors will enable a more rapid settlement of lawsuits. Furthermore, if legal services are more assessable, consciousness of the law will increase .

Institutions for Solving Conflicts Other than with Lawsuits
When the Japanese discuss the judicial system, they tend to focus on problems associated with the court system and the education of legal professionals. On the other hand, functions and systems to solve conflicts outside the courts are rarely mentioned. Many Japanese are hesitant to sue others in order to ensure their rights. As a means of conflict resolution, they prefer to solve problems privately in discussions through an intermediary rather than publicly through the courts. I do not think this Japanese preference toward the traditional means of conflict resolution will change immediately because it protects privacy and individual dignity. I assume many people will continue to solve conflicts outside the court system for emotional and reasons. An example of a method used to solve conflicts outside the legal system stems from product liability responsibilities under the PL law. Private corporations have created trade organizations within each industry and these organizations have acted as mediators in dealing with claims from consumers concerning defective products and it is likely that these organizations will continue to serve an important role as a mediator. In addition, if there were many sources throughout the country where people could obtain information concerning legal issues, there would fewer matters which would have to be resolved in court.

Education and the Administration of Justice
Finally, I want to mention the lack of ability or skill among the Japanese in understanding or analyzing the problems of daily life from their legal aspects. In Western countries, not only lawyers, but also people in general, understand the concept of a contract, which is the foundation of law. They understand the concept of contract because for generations their religious beliefs have taught them its significance. Thus, traditional religious values have helped them to understand this basic concept. However, in Japan, the concept of contract is not a traditional or religious one, but a new idea brought to Japan with the opening the country to the West. Consequently, many in Japan leave school without a clear understanding of the rights that they have and the obligations that they assume in such simple situations as a car accident, lending and borrowing money, selling or buying merchandise. I assume there are few Japanese who think about their rights and obligations when they buy juice and bread. If people can think in terms of legal rights and obligations, when they get involved in situations such as a car accident, many problems can be quickly resolved. For example, when a individual purchases a product and then notices that the product is defective, what happens? From a legal perspective, the individual has the right to demand that the supplier of the product exchange it because the individual purchased it by paying the appropriate amount of money. Also, not only the producer of the product but also the seller has legal obligations; the seller is obligated to exchange the product for a substitute. Usually, the case can be settled by exchanging the defective product for a substitute. However, if the seller refuses such an exchange, the individual who bought the product can demand his money back. If the seller of the defective product still refuses to pay for it, the situation can constitute fraud. Consequently, if the individual can think about the case from the legal aspect, he then can grasp the relationship between the one's rights and the one's obligations. Consequently, when individuals understand a situation from its legal aspects, they can guide themselves in settling the matter without sacrificing their rights. When someone is ill, he may ask himself why he is sick, and what is necessary to recover. Assessing one's own physical condition is a much better way toward recovering than waiting for a doctor's direction, because a person knows himself better than anyone else. In the same way, asking oneself about legal issues, having some knowledge of the subject, contributes to being able to solve problems. Consequently, I believe say education of the general public in the administration of justice is one of the most important issues in the reform of the judicial system.

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