NCJ Number
62663
Date Published
1978
Length
31 pages
Annotation
THIS DOCUMENT TRACES THE IDEA AND NATURE OF THE FAMILY COURT OF JAPAN, ITS HISTORICAL BACKGROUND, AND ITS ORGANIZATION, JURISDICTION, AND PROCEDURE.
Abstract
THE FAMILY COURT, THROUGH ITS BASIC OBJECTIVES OF MAINTAINING FAMILY WELFARE AND SEEKING THE SOUND UPBRINGING OF JUVENILES, TRIES TO ANSWER THE MODERN DEMAND FOR JUSTICE FITTED FOR THE NEEDS OF SOCIETY. IT IS CHARACTERIZED BY CASEWORK METHODS, INFORMAL PROCEDURES, PRIVATE HEARINGS, A CONCERN WITH LEGAL RIGHTS OF INDIVIDUALS, AND A SUPERVISORY ROLE FOR THE PROTECTION OF JUVENILE AND FAMILY WELFARE. THE DOCUMENT DESCRIBES THE DEVELOPMENT OF THE JUVENILE AND FAMILY AFFAIRS DIVISIONS OF THE FAMILY COURT, THE ORGANIZATION AND STAFF, AND THE JURISDICTION OVER ADULT CRIMINAL AND JUVENILE CASES. PROCEDURES FOR THE INVESTIGATION AND HEARING OF JUVENILE CASES ARE OUTLINED. POSSIBLE FORMS THE JUDGE'S DETERMINATION MAY TAKE INCLUDE TURNING THE CASE OVER TO THE PREFECTURAL GOVERNOR OR THE CHIEF OF THE CHILD GUIDANCE CENTER; DISMISSAL OF THE CASE; SENDING THE CASE TO THE PUBLIC PROSECUTOR; OR PLACING THE JUVENILE UNDER PROTECTIVE CONTROL (EDUCATIVE MEASURES). PROCEDURES CONCERNING ADULTS WHO COMMIT ACTS INJURIOUS TO THE WELFARE OF JUVENILES ARE DESCRIBED AS WELL AS PROCEDURES IN FAMILY AFFAIRS CASES. FURTHER RESEARCH IS CONSIDERED NECESSARY TO ACHIEVE CLOSER COOPERATION BETWEEN THE JUVENILE AND FAMILY AFFAIRS DIVISION AND BETWEEN THE COURT'S LEGAL AND SOCIAL WELFARE FUNCTION. TABULAR DATA ARE GIVEN. PHOTOGRAPHS ARE INCLUDED.