Civil Justice Reform: Access, Cost, and Expedition. The Japanese Perspective
|1.||the establishment of pre-trial procedures for identifying genuine issues;|
|2.||the improvement of the method for obtaining evidence;|
|3.||the introduction of a small claims procedure; and|
|4.||the restriction of appeals to the Supreme Court.|
The overall objective is to achieve expeditious and efficient civil justice. This, in itself, is no doubt desirable. However, if it sacrifices fairness in justice, we should think it over again. What is justice? What are its most fundamental and essential elements? And how should we seek to realize them? It is against the background of these questions that I will describe the recent reforms and the present situation in Japanese civil justice.
The first Code of Civil Procedure in Japan was enacted in 1890. It was based on German law. Most of the technical terms now current in Japanese procedural law were created through translation of the corresponding German terms.____________________