NCJ Number
61149
Date Published
1979
Length
75 pages
Annotation
FACTORS INHIBITING CITIZENS' ACCESS TO CIVIL LITIGATION IN JAPAN ARE IDENTIFIED, AND REMEDIES IN USE OR PROPOSED TO IMPROVE COURT ACCESS ARE DISCUSSED.
Abstract
THE COSTS OF LITIGATION AND COURT DELAYS OFTEN PREVENT THE AVERAGE JAPANESE FROM USING THE JUDICIAL SYSTEM TO RESOLVE SOCIAL AND ECONOMIC DISPUTES. MECHANISMS TO REDUCE THE COST BURDEN FOR CITIZENS INCLUDE (1) LEGAL AID THAT MAY EXTEND TO MIDDLE-INCOME CITIZENS; (2) THE USE OF LAY ADVOCATES OR SELF-REPRESENTATION IN SMALL CLAIMS CASES; (3) POSTPONING THE PAYMENT OF ATTORNEY FEES UNTIL THE END OF LITIGATION, WITH PAYMENT NOT REQUIRED IF THE CASE IS LOST; AND (4) REQUIRING THE LOSER TO PAY HIS ADVERSARY'S LEGAL FEES, TOGETHER WITH OTHER LITIGATION COSTS. DEVICES FOR MORE EFFICIENT JUSTICE INCLUDE THE CREATION OF SPECIALIZED JUDICIAL DEPARTMENTS FOR CERTAIN CATEGORIES OF CASES, THE USE OF PRETRIAL CONFERENCES AND SINGLE-JUDGE COURTS, AND THE ELIMINATION OF EVIDENCE. COSTS ARE FURTHER REDUCED THROUGH THE USE OF SUMMARY COURTS AND NONCONTENTIOUS PROCEEDINGS. SUMMARY PROCEEDINGS, NOTARY DOCUMENT EXECUTION, AND DEFAULT PROCEDURE ARE USED IN SOME DISPUTES TO BYPASS A TRIAL. THE PRESENT JUDICIAL SYSTEM FUNCTIONS INEFFECTIVELY IN THE AREA OF PUBLIC AND COLLECTIVE INTEREST, ALTHOUGH REFORMS ARE IMMINENT IN THE AREAS OF SMALL CLAIMS COURTS, ARBITRATION, AND CONCILIATION. CURRENTLY, ORGANIZED AND UNORGANIZED (AD HOC) PRIVATE EFFORTS AND PUBLIC INSTITUTIONS ARE DESIGNED TO PROTECT GROUP INTERESTS. FOOTNOTES AND TABULAR DATA ARE INCLUDED. (RCB)