Legal System and Cultural Influence in Japan

The flexibility of the law allows the law to change in order to meet changing situations. However, from foreign viewpoint, the Japanese laws and regulations are too detailed, numerous, and restrictive. The Japanese judiciary system is an independent branch of the government. The judicial branch has equal power to the executive and legislative branches in Japan. After the World War II, the Supreme Court was created in Japan. The whole judicial power is vested in the Supreme Court, 8 high courts, 50 district courts, 50 family courts and 575 summary courts. All courts are administered by the Supreme Court, separate from the executive and legislative organs of government. Its power of judicial review extends to judging the validity of all laws and official acts.

The legal system of the American model and the Japanese model is different in some case. In Japan there are no separate municipal, county, state or federal systems. All courts are part of a single framework under the control of the Supreme Court. There are no jury trials in Japan, and all decisions are rendered by judges. Japan's chief justice is appointed by the emperor after being designated by the cabinet; the remaining 14 Supreme Court justices are appointed by the cabinet. All cases before the Japanese Supreme Court are appeals. Unlike the U.S. Supreme Court, the highest court in Japan does not have original jurisdiction in any matter. The Supreme Court selects all judges for inferior courts from the graduates of its Legal Training and Research Institute. The Supreme Court also operates a training institute for court clerks and a school for family court probation officers. All judges, public prosecutors and lawyers are required to get certificate from Legal Training and Research Institute.@

Traditionally, the Japanese are not a very litigious and prefer arbitration and compromise; the courts are used as a last resort. The arbitration method collaborates with Japanese preference for no confrontation. Since Japanese court does not have jury trials, the judges review the facts and the lawyers serve as advisors.

The form of arbitration in Japan resolves conflict through emphasizing compromise or conciliation. The lawsuit disrupts harmony and tranquility and therefore is not favored as form of dispute resolution. In Japan harmony is culturally very important to communicate with people. In the normal negotiation Japanese often promise without any paper contract unless it is important business.