Procedures on ExcellentWiki - Legal Encyclopedia

Civil Procedure in Japan

Tue, 07 Jul 2026 00:00:00 +0000

Introduction

Japanese civil procedure is governed primarily by the Code of Civil Procedure (Minji Soshō Hō, Act No. 109 of 1996, effective 1 January 1998), which replaced the 1890 Code. The 1996 Code was the product of a comprehensive reform effort aimed at expediting litigation, strengthening early case management, and improving access to justice. It was further amended in 2003 and 2022 to introduce information-technology measures and to expand the scope of summary procedures.

Criminal Procedure in Japan

Tue, 07 Jul 2026 00:00:00 +0000

Introduction

Japanese criminal procedure is governed by the Code of Criminal Procedure (Keiji Soshō Hō, Act No. 131 of 1948, effective 1 January 1949), which replaced the Meiji-era Code of 1922. The 1948 Code was enacted during the Allied Occupation and reflects significant American influence, particularly in its warrant requirements, the right to counsel, and the establishment of an adversarial trial structure. The Constitution of Japan provides the overarching framework, guaranteeing due process (Article 31), the privilege against self-incrimination (Article 38), the right to a speedy trial (Article 37), and the right to examine witnesses (Article 37).

Appellate Procedure in Japan

Tue, 07 Jul 2026 00:00:00 +0000

Introduction

The Japanese appellate system is structured around a three-tier court hierarchy that mirrors the continental European model, though it incorporates features unique to Japan’s constitutional framework. The first instance is heard by the District Court (Chihō Saibansho) in most civil and criminal matters; the first appeal (kōso) lies to the High Court (Kōtō Saibansho); and the final appeal (jōkoku) lies to the Supreme Court (Saikō Saibansho). This architecture is established by the Court Act (Saibansho Hō, 1947) and elaborated in the Code of Civil Procedure (CCP), the Code of Criminal Procedure (CCrP), and the Administrative Case Litigation Act.

Class Actions and Collective Litigation in Japan

Tue, 07 Jul 2026 00:00:00 +0000

Introduction

Japan does not have a full-fledged US-style class action system in which a representative party litigates on behalf of an absent class, binding all members unless they opt out. Instead, Japanese law has developed a patchwork of collective litigation mechanisms that serve analogous functions in specific domains: consumer protection, securities regulation, environmental torts, and labour law. The most significant recent development is the Act on Special Measures for Collective Litigation for Damages Caused by Unfair Practices (2013, effective 2016), which introduced a Japanese opt-in class action for consumer damages.

Evidence in Civil Proceedings (Japan)

Tue, 07 Jul 2026 00:00:00 +0000

Introduction

The law of evidence in Japanese civil proceedings is primarily codified in the Code of Civil Procedure (Minji Soshō Hō, 1996, as amended). Unlike common‑law systems, Japan does not maintain a comprehensive code of evidence separate from the procedural code. The CCP’s provisions on evidence, found in Book II, Chapter V (Articles 179–250), are supplemented by the judge’s inherent power to manage the evidentiary process and evaluate evidence freely.

Enforcement of Judgments in Japan

Tue, 07 Jul 2026 00:00:00 +0000

Introduction

The enforcement of civil judgments in Japan is governed by the Civil Execution Act (Minji Shikkō Hō, Act No. 4 of 1979, effective 1 October 1980). The Act replaced the execution provisions of the former Code of Civil Procedure (1890) and consolidated the law of enforcement into a single, comprehensive statute. The enforcement system distinguishes between execution for monetary claims, execution for non-monetary claims, and provisional remedies. The underlying principle is that a successful litigant should be able to realise the benefit of the judgment without encountering undue obstacles, while the debtor retains the protections afforded by due process.