Glossary of Japanese Court System Terms

Introduction

Japan’s court system is unified under the Supreme Court and structured in a three-tier hierarchy. The Court Act (Saibansho Hō, 1947) and related legislation establish the jurisdiction, composition, and procedure of each tier. The glossary below defines the institutions, actors, and procedural terms that characterise Japanese civil, criminal, and administrative justice.

Saibansho (裁判所)

Saibansho — court — is the generic Japanese term for a judicial body. The ordinary courts of Japan comprise five levels: Summary Courts, Family Courts, District Courts, High Courts, and the Supreme Court. Specialised courts include the Intellectual Property High Court and the Labour Tribunals.

Saikō Saibansho (最高裁判所)

Saikō Saibansho — the Supreme Court — is the highest judicial authority. It comprises fifteen Justices and sits in a Grand Bench of all fifteen Justices for constitutional matters, or in three five-Justice Petty Benches for ordinary appeals. The Chief Justice is appointed by the Emperor on the nomination of the Cabinet; the other Justices are appointed by the Cabinet.

Kōtō Saibansho (高等裁判所)

Kōtō Saibansho — the High Court — is the intermediate appellate court. Japan has eight High Courts (Tokyo, Osaka, Nagoya, Hiroshima, Fukuoka, Sendai, Sapporo, and Takamatsu) and six branch offices. High Courts hear kōso appeals from District Courts and Family Courts, as well as certain original proceedings such as administrative cases.

Chihō Saibansho (地方裁判所)

Chihō Saibansho — the District Court — is the court of first instance for most civil and criminal cases. There are fifty District Courts and 203 branch offices. Cases are heard by a single judge or a three-judge panel depending on the nature and complexity of the matter. District Courts also hear appeals from Summary Courts.

Katei Saibansho (家庭裁判所)

Katei Saibansho — the Family Court — handles domestic relations cases, juvenile delinquency matters, and conciliation proceedings. There are fifty Family Courts with 203 branch offices. Family Court proceedings are informal and confidential, emphasising conciliation and the welfare of the parties.

Kani Saibansho (簡易裁判所)

Kani Saibansho — the Summary Court — is the lowest tier of the ordinary court system, handling minor civil claims (up to ¥1.4 million) and minor criminal offences (fines and misdemeanour detention). There are 438 Summary Courts. Proceedings are conducted by a single summary court judge and follow simplified rules.

Saiban-in (裁判員)

Saiban-in — lay judge — is a participant in the mixed court system introduced in 2009 for serious criminal offences. A panel comprises six lay judges and three professional judges. The lay judges are randomly selected from the voter roll and participate in both fact-finding and sentencing decisions. They deliberate jointly with the professional judges.

Saibankan (裁判官)

Saibankan — judge — is a professional judicial officer. Lower court judges are appointed by the Cabinet from a list of candidates nominated by the Supreme Court. The term of office is ten years, with reappointment possible until the mandatory retirement age of 65 (70 for Supreme Court Justices). Judges are constitutionally independent (Article 76) and subject only to the Constitution and the laws.

Bengoshi (弁護士)

Bengoshi — attorney or lawyer — is a member of the bar. Lawyers must pass the national bar examination (shihō shiken), complete legal training at the Legal Training and Research Institute (Shihō Kenshūjo), and register with the Japan Federation of Bar Associations (Nichibenren). Lawyers have the exclusive right to represent clients in court.

Kensatsukan (検察官)

Kensatsukan — prosecutor — is a public officer who investigates crimes, decides whether to indict, and prosecutes cases in court. The Public Prosecutors Office (Kensatsu-chō) is hierarchically organised under the Ministry of Justice, with the Prosecutor-General (Kenji Sōchō) at its apex.

Shihō Shoshi (司法書士)

Shihō Shoshi — a judicial scrivener — is a quasi-legal professional authorised to prepare court documents, handle real property registration, and represent parties in Summary Court proceedings. The scope of shihō shoshi practice has expanded in recent years, particularly in debt collection and civil execution matters.

Jiken (事件)

Jiken — case or lawsuit — is the generic term for a matter pending before a court. It is used in compounds such as minji jiken (civil case), keiji jiken (criminal case), and gyōsei jiken (administrative case).

Minji Soshō (民事訴訟)

Minji Soshō — civil litigation — is governed by the Code of Civil Procedure (Minji Soshō Hō, 1996) and the Civil Code. Civil proceedings commence with the filing of a complaint and proceed through written preparation and oral argument to judgment.

Keiji Soshō (刑事訴訟)

Keiji Soshō — criminal litigation — is governed by the Code of Criminal Procedure (1948). Criminal proceedings encompass the investigation, pre-indictment detention, trial, and appeal stages.

Gyōsei Jiken Soshō (行政事件訴訟)

Gyōsei Jiken Soshō — administrative case litigation — is governed by the Administrative Case Litigation Act (Gyōsei Jiken Soshō Hō, 1962). It provides for four types of action: actions for revocation of administrative dispositions, actions for declaration of nullity, actions for declaration of illegality of non-action, and actions for mandamus.

Kōso (控訴)

Kōso — appeal to a High Court — is the first level of appeal in the three-tier system. A kōso appeal from a District Court or Family Court lies to the High Court and may be based on questions of both fact and law.

Jōkoku (上告)

Jōkoku — appeal to the Supreme Court — is the second and final level of appeal. A jōkoku appeal is limited to questions of law, including constitutional interpretation and conflicts with Supreme Court precedent. The Supreme Court exercises discretionary review, accepting only a small fraction of jōkoku petitions.

Kōkoku (抗告)

Kōkoku — a special appeal or complaint — is an interlocutory appeal against certain procedural orders and rulings of a lower court. The kōkoku system is distinct from kōso and jōkoku and applies to matters such as orders on provisional remedies, decisions on jurisdiction, and orders relating to the execution of judgments.

Shinpan (審判)

Shinpan — adjudication by a Family Court — is a proceeding in which the Family Court exercises its jurisdiction over domestic relations and juvenile matters. The proceeding is inquisitorial in character, and the court is not bound by the formal rules of civil or criminal procedure.

Chōtei (調停)

Chōtei — conciliation — is a form of alternative dispute resolution in which a conciliation committee (comprising a judge and two lay conciliators) facilitates the settlement of civil and domestic disputes. If the parties reach an agreement, it is recorded in a conciliation deed with the force of a final judgment.

Wakai (和解)

Wakai — settlement — is an agreement between the parties that concludes a lawsuit. A settlement reached in court is recorded in the record of the case and has the same effect as a final judgment (res judicata). Settlement is encouraged at all stages of Japanese civil proceedings.

Shikkō (執行)

Shikkō — execution or enforcement — is the process of giving effect to a court judgment. Enforcement is governed by the Civil Execution Act (1979) and may involve seizure and sale of assets, garnishment of claims, or direct compulsion.

Kari Shobun (仮処分)

Kari Shobun — provisional disposition — is a temporary remedy to preserve a disputed right or maintain the status quo pending final judgment. The applicant must show a prima facie case and the necessity of the provisional measure.

Kensatsu Shinsa Kai (検察審査会)

Kensatsu Shinsa Kai — the Committee for the Inquest of Prosecution — is a citizens’ body that reviews prosecutorial decisions not to indict. Composed of eleven randomly selected citizens, the committee may issue a non-binding opinion recommending indictment. Since 2009, a second opinion recommending indictment is binding and compels the appointment of a prosecutor to pursue the case.