Sorimachi:
The demand for legal services is ever increasing among
private corporations, various organizations, government agencies and local
governments. How to respond to this demand is very serious problem.
Lowering barriers between professional service providers is one crucial
issue. The Rules and Regulation Reform Committee of the Prime Minister's
Office is now reviewing the so-called monopoly of services by licensed
professionals. Don't you think the Council should take up this issue as a
part of judicial system reform?
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Yasuoka:
I understand the types of legal services are ramifying.
Lawyers are expected to to deal with legal matters which is are primarily
vested to other licensed professionals. The Council should respond to this
matter in terms of elucidating the general direction of reform. However,
fine tuning, decisions, approvals and other practical tasks should be left
with the government, the party in power and the Diet. Detailed coordination
in this area, involving conflicting interests, which requires political
decision making, must be handled by the legal department or judicial system
study committee of the LDP. The Council is not able to handle every detail
in this area where conflict with the Bar Association may occur. The Council
should highlight the general direction, suggesting that each party involved
maintain flexibility in light of the ever increasing demand for legal
services at this time. We will see how serious the Bar Association may be
by observing its respons!
e to our general suggestions. This is an issue with which the people of
Japan should be more concerned, and their representative body, the Diet
should take leadership in the matter. Ironing out different interests
should not exhaust our time.
Sorimachi:
You mean the Council drafts the blueprint and then leaves the
constructive coordination with the Diet?
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Yasuoka:
Yes, the two-year period is not long enough to go into
concrete detail. The important task ahead is to draw a clear picture for
the entire framework, keeping with the most ideal spirit.
Sorimachi:
The Administrative Reform Conference under the
Hashimoto administration was aided by the Administrative Reform Promotion
Office of the LDP in solving issues regarding department organizational
changes and their naming. The LDP's role in the reform effort this time
should be equally important.
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Yasuoka:
Subsidies to civil cases, for instance, without an
initiative from the LDP cannot be realized. The need for friendly legal
services to the people is self-explanatory and does not really require the
Council's advice. The Council should promote clear without waiting for
recommendations. Thus a clear division of labor between the role of the Coun
cil and the LDP should be drawn first.
Sorimachi:
The separation of powers thus emphasizes the independent function
of the legislative department.
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Yasuoka:
The view that political power should not be involved in the
reform of the judicial system reform is not right. The reform is the mandate
of the Diet. The Diet is the highest authoritative organization representing
the will of the people. At the beginning of this task, there was concern
that the LDP might have had some wicked plan, which is not true at all.
The judicial system is not subject just to the interests of the political
parties. Japan has simply arrived at a great turning point. At the time when
all the wisdom and creativity of the people should be mobilized to form the
best judicial system in the world in Japan, the role and responsibility of
the Diet is solely that as the representative of the people, and so must
definitely must play a vital role. The era of ideological confrontation is
over. Beyond ideology, we, the Japanese people, should work together,
planning the direction our country will take. Its judicial system is a
fundamental issue, !
which requires bipartisan efforts as the LDP, the party in power, conceives
it. This is the very point to which we look for broad understanding and
support.
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