Gavin Howe
The Japanese legal system is primarily based on the civil law system, which is inspired by European legal systems, particularly those of Germany and France. This system emphasizes codified statutes or codes that outline the fundamental legal framework within specific areas of law. Japan's legal system differs from the common law system, which is prevalent in countries like the United States and is based on case law and published judicial opinions. While Japan has adopted aspects of Western legal traditions, its legal order also reflects indigenous Japanese traditions and is distinct from all Western legal systems in several ways.
| Characteristics | Values |
|---|---|
| Type of legal system | Civil law system |
| Basis of the legal system | European legal systems, especially those of Germany and France |
| First foreign law adopted | Chinese legal codes called Ritsuryō in the 7th century |
| Second foreign law adopted | Chinese codes following Prussian and French models in the 19th century |
| Third foreign law adopted | Post-World War II, influenced by the US |
| Current legal system basis | Hybrid of continental and American law |
| Judicial power | Vested in the Supreme Court and lower courts (High Courts, District Courts, Family Courts, and Summary Courts) |
| Number of tiers in the court system | 4 |
| Courts in the first tier | 438 summary courts |
| Cases handled by first-tier courts | Minor criminal cases and civil cases for claims worth less than 1,400,000 yen |
| Basis of company law | American example |
| Basic company types | Limited liability partnerships (yūgen sekinin jigyō kumiai), Kabushiki kaisha (K.K.), Gōdō kaisha (G.K.), Gōmei kaisha, Gōshi kaisha, and Yūgen kaisha |
| Basis of employment law | US |
| Role of law in society | Less pervasive role in resolving disputes and creating/adjusting rules regulating conduct |
| Sources of law | Internal guidelines, non-binding administrative guidances, local regulations |
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What You'll Learn
Japanese law is based on the civil law system
The Japanese legal system is based on the civil law system, which follows the model of European legal systems, particularly those of Germany and France. Japan's legal system was established in 1868 during the Meiji Restoration, when imperial rule was restored in the country. The Meiji Constitution served as the organic law of the Japanese empire from 1890 until 1945.
Japanese law is primarily inspired by the civil law system prevalent in continental Europe, which emphasises codified statutes or "codes" that outline the fundamental legal framework in a given area of law. The modernisation of Japanese law through the adoption of Western legal systems began after the Meiji Restoration in 1868, marking the restoration of political power to the Japanese Emperor.
The first significant legislation enacted in Japan was the Criminal Code of 1880, heavily influenced by French law. This was followed by the Constitution of the Empire of Japan in 1889, modelled after Prussian and French constitutions. The Commercial Code, Criminal Procedure Act, and Civil Procedure Act were enacted in 1890, and the Civil Code was established in 1896 and 1898. The current Criminal Code, enacted in 1907, is primarily based on German law.
Japan's legal system underwent major reforms following World War II, with the constitution being rewritten under the Allied Occupation, influenced by the United States. The Criminal Code was significantly altered to reflect constitutional rights such as free expression and gender equality. The Criminal Procedure Code was also amended to guarantee due process and adopt an adversarial system, influenced by American legal principles.
In contrast to the common law system, such as that of the United States, which relies on case law and published judicial opinions, the Japanese civil law system follows the doctrine of jurisprudence constante. This doctrine provides that judicial precedent offers non-binding guidance on interpreting laws in practice.
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The Meiji Restoration of 1868 introduced Western influence
Japan does not follow common law. The applicable law in Japan is called the "Act on Implementation of Convention on the Civil Aspects of International Child Abduction" or "the Implementation Act". The legal system in Japan is governed by the "Six Codes", and family matters are consolidated under the Civil Code.
The Meiji Restoration led to the abolition of the feudal system and all feudal class privileges, the enacting of a constitution, and the formalization of a parliamentary system of government. During the Meiji period, Japan adopted a constitution and a parliamentary system, instituted universal education, built railroads and installed telegraph lines, and established a strong military. The country also underwent industrialization, with the first major legislation being the Criminal Code of 1880, inspired by French law. This was followed by the Constitution of the Empire of Japan in 1889, the Commercial Code, Criminal Procedure Act, and Civil Procedure Act in 1890, and the Civil Code in 1896 and 1898.
The modernization and Westernization of Japan during the Meiji period influenced Japanese self-identity with respect to its Asian neighbours. Japan became the first Asian state to modernize based on the Western model, adopting Enlightenment ideals of popular education and replacing the traditional Confucian hierarchical order. The Japanese government established a national system of free public schools, which taught students reading, writing, mathematics, and "moral training" that reinforced their duty to the Emperor and the state. By the end of the Meiji period, attendance in public schools was widespread, contributing to the industrial growth of Japan.
The Meiji Restoration also laid the foundation for the institutions of the Empire of Japan and had far-reaching consequences in East Asia as Japan pursued colonial interests against its neighbours. The modernization of Japanese law by transplanting law from Western countries began after the Meiji Restoration, with Japanese law primarily inspired by the Civilian system in continental Europe, emphasizing codified statutes ("codes") that set out the basic legal framework. Shareholder liability rules generally follow the American example, and Japanese commercial law is characterized by a relationship with the bureaucracy that influences how those engaged in commerce conduct business. Additionally, the Criminal Procedure Code was drastically amended after World War II under American legal influence, guaranteeing due process and adopting an adversarial system.
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Japanese law differs from Western legal orders
The Japanese legal system differs from Western legal orders in several ways. Firstly, Japanese law plays a less pervasive role in resolving disputes and creating/adjusting rules regulating conduct. This is surprising to Westerners, who are accustomed to a more robust legal framework for resolving disputes, particularly in areas such as automobile accidents and manufacturer's liability.
Secondly, Japanese society is relatively conservative in its approach to reforms and is generally inclined to oppose them. This is in contrast to Western societies, which often embrace reform and change. The Japanese government has attempted to reform older laws by issuing supplements, but the pace of change is often slow.
Thirdly, the Japanese legal system is primarily inspired by the civilian system in continental Europe, emphasizing codified statutes ("codes") that set out the basic legal framework. While it has adopted some elements of the US common law system, such as shareholder liability rules, the foundation of Japanese law is civil law. This is evident in the Six Codes that govern the legal system, including the Civil Code, which consolidates family matters.
Fourthly, Japanese law has been influenced by both indigenous and Western legal traditions. Before the Meiji Restoration in 1868, Japanese law developed independently, emphasizing conciliation and informal methods of dispute resolution. With the Meiji Restoration, Japan introduced Western law as part of its modernization efforts, modeling its legal system on continental Europe, especially Germany. This resulted in a hybrid legal system that combines Western and indigenous Japanese elements.
Lastly, Japanese law differs from Western law in the predictability of legal consequences and the resolution of disputes. In Western law, there is an expectation that the legal consequences of particular conduct should be predictable in advance, and disputes are typically resolved without considering the parties' social and economic backgrounds. In contrast, Japanese law often promotes adjustment based on non-legal considerations, and disputes may be resolved through techniques outside formal law, such as conciliation rooms provided by local police stations, where elders act as go-betweens.
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Post-WWII reforms were influenced by the US
Japan does not follow common law, which is a system based on case law and published judicial opinions. Instead, Japan's legal system is based on the Six Codes, with family matters consolidated under the Civil Code.
Post-WWII reforms in Japan were heavily influenced by the US, which led the Allies in the occupation and rehabilitation of the country. The US implemented widespread military, political, economic, and social reforms. The initial phase of the occupation focused on punishing Japan for its past militarism and expansionism, as well as undertaking a thorough reformation of Japanese society to ensure that Japan would never again be a threat to world peace. This included the dismantling of Japan's military and the banning of former military officers from taking on political leadership roles in the new government.
General Douglas MacArthur, who led the US occupying forces, played a significant role in influencing Japan's post-WWII reforms. Under his guidance, the Japanese government introduced sweeping social and economic reforms that resembled American "New Deal" priorities of the 1930s under President Franklin D. Roosevelt. MacArthur also issued a five-point reform directive, which included an order to grant women the right to vote. The Meiji Constitution was amended in 1947, effectively repealing it and replacing it with a new, American-written constitution that limited the powers of the Emperor.
The Criminal Procedure Code was also drastically amended after World War II under American legal influence to guarantee due process and adopt an adversarial system. This changed the roles of the police, prosecutor, and judge, and placed a greater emphasis on the rights of offenders. Additionally, the basics of Japanese employment law are established in the Japanese Constitution, which was framed with an eye towards the US. Shareholder liability rules in Japanese Company Law also generally follow the American example.
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Japanese Company Law was separated from the Commercial Code in 2005
Japan's legal system is based on the \"Six Codes\", which govern different aspects of the country's legal framework. The Civil Code, Commercial Code, and Criminal Code were enacted in the late nineteenth or early twentieth century.
Japanese Company Law (also known as Kaisha-hō) was separated from the Commercial Code in 2005. This change was part of the Companies Act (Act No. 86 of 2005), which governs the formation, organization, operation, and management of companies. The Act outlines various articles pertaining to companies, such as employee roles, business transfers, and the subscription and allotment of shares.
Japanese Company Law outlines the basic types of companies recognized under Japanese law. These include limited liability partnerships (yūgen sekinin jigyō kumiai), Kabushiki kaisha (similar to an American joint-stock company), Gōdō kaisha (akin to an American limited liability company), Gōmei kaisha (resembling an American general partnership), Gōshi kaisha (similar to an American limited partnership), and Yūgen kaisha (a now-abolished form modeled on the German GmbH).
Shareholder liability rules in Japanese Company Law generally follow the American example. Japanese commercial law is also characterized by its relationship with bureaucracy, which influences how those engaged in commerce conduct their business. The Commercial Code, on the other hand, governs specific commercial transactions and includes contracts related to sales, articles of incorporation, carriage of goods, warehousing, and insurance.
While Japan's legal system is primarily based on codified statutes from the "Six Codes", it does not follow common law. Common law systems, like that of the United States, are based on case law and published judicial opinions. In contrast, Japanese courts follow the doctrine of jurisprudence constante, where judicial precedent serves as non-binding guidance on interpreting laws in practice.
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Frequently asked questions
No, Japan follows a civil law system, which is based on the European legal systems of countries like Germany and France.
Japan's legal system is based on the "Six Codes", with family matters consolidated under the Civil Code. The country's legal system was established in 1868 during the Meiji Restoration, when imperial rule was restored.
Japan's legal system has evolved through a combination of indigenous Japanese traditions and Western influences. While the country first adopted foreign law in the 7th century with Chinese legal codes, it has since been influenced by Prussian, French, and American legal systems.
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