|
Legal Technical Assistance to Asia Providing Intellectual Assistance as a Peaceful Nation Rather than Compelling Japanese Law onto Others Establishing the Rule of Law |
Our objective for legal technical assistance is to establish the rule of law. As one method, although the subjects of civil and criminal matters are different, rather than conducting separate training sessions, there should be a curriculum which will establish the "rule of law". What is the purpose of the rule of law? The rule of law will secure prospects
for legal judgement. In other words, if there are rules
to abide by, people will follow operational procedures and use the
trial system properly. When circumstances arise where the laws
are violated, these should be corrected through the legal process or
the trial system. If party A breaks the contract after it has
been concluded, party B would be rescued through the legal
system. Thus, the rule of law will guarantee the prospects of
a legal judgement. |
Albeit, although we are grouped as Asian, there are differences in our societies, cultures and religions. With the variations in the societal structure within Asia, it is difficult for all nations to have the same legal framework, so it has become necessary to establish the rule of law as a basic principle. The problem lies in the fact that even if a legal framework is constructed, if it is not properly operated or the trial system does not function, it serves no purpose. Instead of being governed by law, if a
country is run by people, or in other words, if a society's
decision making process is determined by connections, those
companies which hope to pursue business will hesitate investing in a
country which has no legal safety net. This, in turn, will
impede the development of that country's economy. To prevent
this from happening, I would think that establishing the rule of law
is of the utmost importance. When the economy recedes and needs to be re-organized, it is necessary to invite foreign investments. To make this happen, it is essential to construct a legal framework. |
Next |
|
(c)2000 LEC TOKYO LEGALMIND CO.,LTD. |