Kara Sears
The legal system in Japan is governed by the Six Codes, while the U.S. legal system is a Common Law system, based on case law and published judicial opinions. Japan's early laws are believed to have been influenced by Chinese law, and the country's current legal system includes the Civil Code, Commercial Code, and various supplementary laws. Japanese courts have more freedom to deviate from precedents compared to their American counterparts, and there are differences in the way compensation is determined for accident victims. Japan also has unique laws regarding smoking in public spaces, carrying identification, and the import of certain over-the-counter medications.
| Characteristics | Values |
|---|---|
| Police officers carrying guns | After World War II, the US advised Japanese police to carry guns, but few actually do. |
| Police powers of stop and search | Japanese law allows police to stop anyone at any time on the street to see identification. |
| Self-defence laws | You can only use force if it is the only way to protect yourself/others from harm. If you can remove yourself from harm by running away, using force is not allowed. |
| School rules | Students are not allowed to "walk and eat" to prevent them from dumping trash and making the school look bad. |
| Smoking laws | Smoking is now illegal in certain urban public spaces, including streets and restaurants. |
| Over-the-counter medications | Some OTC medications common in the US are illegal in Japan, including those containing stimulants like pseudoephedrine. |
| Prescription medications | It can be tough to figure out which medications are legal in Japan, and a prescription may not be sufficient. |
| Bail | Bail is available only after indictment, and its use is limited. |
| Prosecution | Prosecutors have broad discretion on whether to prosecute, but a Prosecution Review Board can review cases and initiate prosecution. |
| Criminal trials | Criminal trials are necessary regardless of whether the defendant pleads guilty. |
| Evidence | Trials rely on documentary testimony rather than live testimony. |
| Judicial reasoning | Japanese civil law includes the Civil Code, the Commercial Code, and various supplemental laws. |
| Judicial precedent | Stare decisis has no formal basis in Japanese law, and courts are free to deviate from precedents. |
| Accident compensation | The Japanese judiciary guarantees automatic, predictable, and moderate compensation for most accident victims. |
| Custody | Article 819 of the Civil Code does not allow for dual or joint custody after divorce. |
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What You'll Learn
- Police powers: Japanese police can stop anyone to check ID and carry guns, unlike in the US
- Court procedures: Japanese criminal trials are adversarial, with broad prosecutorial discretion
- Compensation: Japan's judiciary provides predictable compensation, unlike the US tort system
- Custody laws: Japan doesn't allow dual custody, unlike the US, and uses the 'principle of continuity'
- Medication: Many common US OTC medications are illegal in Japan, including pseudoephedrine
Police powers: Japanese police can stop anyone to check ID and carry guns, unlike in the US
In Japan, police officers can stop anyone and ask them to produce identification. While this is a common occurrence for foreigners, Japanese citizens can also be stopped and asked to show their IDs. Foreign residents and visitors are required by law to carry their residence cards or passports at all times and to present them to a police officer when requested. This is based on Article 13, paragraph 2 of the Alien Registration Act. However, it is important to note that some sources suggest that individuals are not legally obligated to show their IDs unless the police have probable cause, as per Penal Code Article 194.
Japanese police officers are permitted to carry firearms while on duty. After World War II, the United States advised Japanese police to start carrying guns, and they now typically carry the New Nambu M60 revolver. However, it is worth noting that few guns are actually used by Japanese police officers. This may be due to the concern that offenders may attack police officers to obtain their weapons.
In contrast, the police in the United States do not have the same broad powers to stop individuals and request identification without reasonable suspicion or probable cause. The Fourth Amendment of the US Constitution protects citizens against unreasonable searches and seizures, which includes brief investigatory stops by the police.
Additionally, while some police officers in the US do carry firearms, the specific policies and procedures regarding their use vary across different jurisdictions. For example, police officers in some departments may be required to give verbal warnings before using their firearms or may be prohibited from carrying weapons during certain types of patrol.
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Court procedures: Japanese criminal trials are adversarial, with broad prosecutorial discretion
Japan's criminal justice system differs from that of the United States in several ways, particularly in terms of court procedures and prosecutorial discretion.
Japan's criminal justice system is based on civil law, with the accused presumed innocent until proven guilty, and the burden of proof rests with the prosecutor. The defendant must be given the benefit of the doubt, and if there is reasonable doubt about their guilt, the judge must render a not-guilty verdict and the defendant must be compensated for their detention. This contrasts with the US system, where measures like exclusionary rules protect the rights of the accused, and plea bargaining is common, allowing prosecutors to incarcerate people without trials.
Japanese criminal trials are adversarial, with a neutral judge, prosecution, and defense. The judge serves as an unbiased referee, weighing the cases presented by both sides and ruling based on the evidence and testimony. This differs from the inquisitorial system, where the judge takes an active role in fact-finding, reviewing evidence, and questioning parties. Japan's current adversarial system was influenced by American legal concepts introduced after World War II, although it retains some aspects of the previous inquisitorial model.
Prosecutors in Japan exercise broad discretion in deciding whether to indict a case. They generally avoid taking cases to trial unless they are convinced they can win, and about three-quarters of cases are dropped before indictment. This caution may be due to a concern for avoiding losses that could tarnish their reputation. The high conviction rate, over 99%, may also discourage the supply of defense lawyers. In contrast, the US system has a lower conviction rate, and plea bargains are used to secure convictions without trials.
Japanese police and criminal justice officials also have wide discretion in dealing with offenders. Police can refer juveniles to special family courts and exercise some discretion in determining the next steps after identifying a suspect. The institutions responsible for maintaining law and order, including the police, prosecutors, courts, and correctional organs, work closely together. Citizens are encouraged to assist in crime prevention and participate in offender rehabilitation programs.
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Compensation: Japan's judiciary provides predictable compensation, unlike the US tort system
Japan's legal system differs from that of the United States in several ways. One notable difference lies in the area of compensation, where Japan's judiciary provides a more predictable and efficient system compared to the American tort system.
The Japanese judiciary prioritises clear and detailed rules that guarantee moderate and virtually automatic compensation for most accident victims. This predictability is a result of the specific guidelines that govern liability and general damages. In contrast, the American tort system operates with legal rules expressed in broader terms, leaving room for interpretation by juries, which can lead to variable courtroom outcomes.
The Japanese system is designed to ensure that victims receive a substantial portion of the total compensation payout. For example, in motor vehicle accident claims, Tanase estimates that legal fees accounted for only 2% of the total compensation paid to injured persons. This is in stark contrast to the United States, where studies have shown that payments to lawyers can equal up to 47% of the total personal injury benefits paid by insurers.
The efficiency and reliability of Japan's compensation system are further enhanced by the relatively lower number of lawyers in the country compared to the United States. This suggests a more streamlined process with fewer intermediaries, resulting in quicker and more cost-effective resolutions for those seeking compensation.
Additionally, the Japanese legal system, governed by the "Six Codes", differs from the common law system of the United States, which is heavily based on case law and published judicial opinions. While Japan also recognises the importance of case law, it does not formally adhere to stare decisis, allowing courts the freedom to deviate from precedents without being strictly bound by them. This provides Japanese courts with more flexibility in their decision-making processes.
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Custody laws: Japan doesn't allow dual custody, unlike the US, and uses the 'principle of continuity'
Japan's custody laws are notably different from those in the United States. In the US, joint custody is a well-established concept, with the principle of frequent and continuing contact between a child and both parents after separation being presumed to be in the child's best interests. This is in stark contrast to Japan, where joint custody is not legally recognised, and sole custody is typically granted to one parent.
Article 819 of Japan's Civil Code explicitly prohibits dual or joint custody after divorce, significantly impacting the access and visitation rights of the non-custodial parent. This differs from the US, where joint custody arrangements often involve shared decision-making and equal parenting time. In Japan, the concept of "parental authority" is separated from "care and custody," allowing for further complexities in court-determined custody arrangements. For example, one parent may be awarded custody and live with the child, while the other parent retains legal authority over the child's property and legal representation.
Japanese courts operate on the "continuity principle," almost always granting sole custody to whoever has physical control of the children when a case is brought before them. This reflects Japan's traditional family system, which viewed children as possessions of households, and the belief that courts should not disrupt these established households. As a result, parents seeking custody can abscond with their children and deny the other parent access, with courts often granting sole custody to the "kidnapping" parent.
Japan's custody laws have faced increasing scrutiny and calls for reform. International pressure and legal efforts within Japan have led to a growing public awareness of children's fundamental rights to maintain relationships with both parents. Critics argue that Japan's current custody rules, which favour sole custody, can create barriers for children to have meaningful relationships with both parents and can deny them this right. However, Japan's Justice Ministry has defended the current system, asserting that it is designed to minimise upheaval for children during contentious divorces, maintaining that it is less unsettling for children to be raised by a single parent.
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Medication: Many common US OTC medications are illegal in Japan, including pseudoephedrine
Japan has strict rules regarding the importation of medicines. Many common over-the-counter medications in the US are illegal in Japan, including pseudoephedrine, a common ingredient in sinus and allergy medications. Other prohibited OTC medications include those containing stimulants, such as Actifed, Sudafed, and Vicks inhalers. Inhalers themselves are also prohibited, as are medications containing codeine, unless they fall within the allowed quantity of stimulant raw materials. Narcotics, such as morphine, codeine, oxycodone, pethidine, and hydrocodone, require advance permission from one of Japan's eight Regional Bureaus of Health and Welfare, and an import application form must be submitted at least 14 days before travelling to the country.
Japan also prohibits the import of stimulant drugs, such as methamphetamines and amphetamines, even when accompanied by a prescription and customs declaration. Hard drugs, including heroin, cocaine, and MDMA, are also illegal. It is important to note that Japanese customs officials or police can detain travellers found importing prohibited items, and there are no exceptions made for medicines that are prohibited, even if they are legally obtained outside of Japan.
Travellers are advised to consult official sources, such as the Japanese Ministry of Health, Labour, and Welfare, for the most up-to-date information on prohibited medications before travelling to Japan. The Ministry's website provides detailed information on bringing prescription and non-prescription medication into the country, and travellers can also email their inquiries. Additionally, travellers can refer to various embassy websites for lists of English-speaking doctors in Japan, who may be able to provide guidance on alternative medications available locally.
While the differences in medication laws between the US and Japan may pose challenges for travellers, it is important to respect and abide by Japan's regulations. By planning ahead and seeking the necessary information and guidance, travellers can ensure they are prepared and avoid potential issues at customs.
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Frequently asked questions
The US legal system is a "Common Law" system, based on case law and published opinions. Japanese law, on the other hand, is primarily inspired by the European Civilian system, which is codified in statutes or "codes".
Japanese law allows police to stop anyone at any time and ask for identification. Foreigners should always carry their passports to prove their identity. Also, unlike in the US, open-container laws do not exist in most places in Japan, so drinking in public outdoor spaces is legal.
In Japan, any product that contains a stimulant (pseudoephedrine) is illegal. This includes inhalers and sinus and allergy medications. Japan also has special laws regulating cannabis, narcotics, stimulants, and opium.
In Japan, family matters are consolidated under the Civil Code, and Article 819 currently does not allow dual or joint custody after divorce. This can limit access for the noncustodial parent.
