Code of Civil Procedure (Minji Soshō Hō)
The Code of Civil Procedure (Minji Soshō Hō) governs civil litigation in Japan. Originally enacted in 1890 based on German models, the Code was comprehensively revised in 1996 to modernise Japan’s civil procedure system. The revised Code introduced mandatory conciliation (chōtei) for certain disputes, reformed the evidence gathering system, and introduced the summary procedure for small claims. The Code establishes the jurisdiction of district courts, the procedures for filing suits, evidence rules, intermediate and final appeals, and enforcement of judgments.
Legal area: Rules governing the conduct of civil and criminal proceedings.
Year enacted: 1996
Full text: https://elaws.e-gov.go.jp/document?lawid=japan-code-civil-procedure
Key Provisions
- Part I: General provisions (jurisdiction, venue, standing)
- Part II: First instance proceedings (filing, service, preparation)
- Part III: Evidence (burden of proof, witness examination, document production)
- Part IV: Judgments (content,效力, appeal)
- Part V: Interim measures and interim attachment
- Article 247: Free evaluation of evidence by judges
- Article 312: Grounds for final appeal (jōkoku) to the Supreme Court
Significance
The 1996 revision modernised Japan’s civil litigation system by introducing mandatory conciliation procedures, expanding discovery-like evidence gathering, and creating small claims procedures. Japan’s civil litigation rate is relatively low compared to other developed nations, with most disputes resolved through negotiation or mediation. The Code’s provisions on evidence have been strengthened to address concerns about information asymmetry between parties. Recent amendments have introduced further reforms to accelerate proceedings.