Sorimachi:
What are some of highlights you have in mind to
promoting reform?
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Yasuoka:
I want to have people in this country to have the best
system possible - one to which the international community will look to as
an ideal. What, then, is the best judicial system in the world and what
strategy and processing are required to implement it? We must first
visualize the ideal level of expeditious judicial process and visualize the
entire image of the judicial system from various viewpoints. Then, we must
consider the current levels of practice. By doing so, we should be able to
establish a framework and a target which are sufficiently practical for the
public and legislative bodies to handle. This requires that we first
develop a solid foundation on which to build a good, workable system, and it
is the role of the Council to deliver the appropriate approach for that. I
am hoping all members of the Council will rather enjoy this entire process,
dealing with both concept and implementation, rather than agonizing over
the task itself.
Sorimachi:
Speaking of the entire image, aren't there certain
issues that warrant immediate attention?
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Yasuoka:
We need to get started, and to accomplish that, we may
have to tackle the issues that are the easiest to handle. In that respect,
I would recommend, for one, the issue of government subsidies in civil
cases. The overall budget is just about 600 million yen. This amount should
be substantially increased. The Council can demonstrate its high visibility
and ambitions by pushing this issue first. It is crucial to win the
approval of the people. Momentum must be built which will further
encourage judicial reform study groups andLDP legal study groups to r
ecommend an increase in the budget. The deadline for the submission for
the next fiscal year is at the end of August. There are some monumental
tasks ahead.
Sorimachi:
It is true there are certain items that deserve
immediate attention although are difficult by nature.
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Yasuoka:
The legal protection of intellectual property is one, which
is the bread and butter for the survival of Japanese industry. It is so
vital that we have to rapidly develop an effective legal framework to
protect the software industry. There is also a so-called 'Japan-passing'
going on. Due to the extremely slow process within Japanese court system,
there is now a tendency for people to bring cases to the American courts,
passing the Japanese system This is another issue warranting immediate
attention. Regarding patent trials, we now have some personnel and an
investigator from the Patent Agency. What should be the status of this
person? He could be an equivalent of a Supreme Court investigator, a
special judge sitting with other judges, or expert lawyer. At any rate his
status must be finalized promptly.
Sorimachi:
On the other hand, certain issues, by nature
require more comprehensive attention in terms of deliberation.
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Yasuoka:
Regarding the non-career judicial system, there was an
opinion expressed in the 1964, in an ad hoc judicial system survey report,
saying it was "one of the desirable formula." This was never really further
explored, which means that a substantial increase in the number of legal
professionals, the fair geographic distribution of lawyers and the
expansion of professional territories for lawyers was never implemented.
Unlike government subsidies in civil cases, a non-career judicial system
cannot not be implemented over night, nor forced to instant reform. It is
useful to bring up such concepts when we, for example, review the process
for the appointment of judges, within the entire framework of a 21st
century judicial system. Issues may first be sorted into categories: those
that require long-range consideration, those for the formation of a general
framework before considering details and those which require immediate
attention. This has to be the first !
task of the Council.
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