How is the Ministry of Justice tackling legal technical assistance? We asked Mr. Shotaro
Tochigi, the Head of the General Affairs and Planning Department of the Ministry of Justice Research and Training Institute on his views
on Japan's legal technical assistance to surrounding regions.
I believe that Japan has an obligation to provide legal technical assistance as a form international aid. In Asia, there are countries which
are in the process of transforming from a government-controlled economy to a market-oriented economy. They need to
establish a legal system which can adapt to their new situation. Thus, there are requests from countries for legal technical assistance. If we compare
nations by their per capita GNP, Japan's is approximately $35,000 whereas that of both Vietnam and Cambodia are around
$300. As was the case during the Meiji Restoration in Japan, it would be very difficult for surrounding Asian nations
to construct a legal framework on their own. As Japan is an economic superpower, I believe that it is our duty to assist neighboring nations.
At the same time, as a peaceful nation, it is appropriate to provide intellectual assistance such as legal technical support and development of human resources as
one method of international aid.
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On the other hand, I think there are xpectations from recipient countries.
Japan is the one Asian nation which established itself as a prominent economic country, adopting the Western legal system over the
hundred year span since the Meiji era. I think there is a strong demand by others to learn from this process.
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The Ministry
of Justice is involved in the following areas: the
criminal justice field with the United Nations Asia and
Far East Institute for the Prevention of Crime and the
Treatment of Offenders (UNAFEI) and legal technical
assistance to Vietnam, Cambodia and Laos in the civil
and commercial fields.
Since UNAFEI operates under the UN and Japan, it limits the field to criminal
justice under the specific agreement. However,
since we do not distinguish legal technical assistance
between criminal and civil, we believe that our past
activities within UNAFEI and our recent activities for
civil and commercial law are inseparable.
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In fact, in the criminal justice
field, the Ministry of Justice conducted training this
year outside of UNAFEI activities for the
Vietnam's People's Supreme Court and the criminal
justice system to prevent corruption. This was
conducted with the cooperation of the Supreme
Court.
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