The Japanese Judicial System

Описание: The #Japanese #Judicial_System ,
Japanese Judicial System consists of following five types of courts:
Summary Courts;
Family Courts;
District Courts;
High Courts; and
The Supreme Court
Cases usually begin in a lower court based on the nature of the matter.
1. Summary Courts
In Japan, there are 438 summary courts nationwide. Summary courts are the most accessible to people. Summary courts have jurisdiction over civil cases with a disputed sum of less than 1,400,000 yen, as well as certain crimes like theft and embezzlement. Summary courts cannot impose imprisonment without work or heavier punishment, but can impose imprisonment with work for up to three years if specially permitted under the law. If a sentence of more than three years is appropriate, the case is transferred to the district court.
Cases in summary court are handled by a single judge.
2. District Courts
District courts are located in 50 cities across Japan, with 203 branches. They are the first instance courts for civil, administrative, and criminal cases, except for matters under the exclusive jurisdiction of other types of courts. District courts also have jurisdiction over appeals against summary court judgments and rulings in civil cases.
A single judge usually presides over a trial in a district court, but a three-judge panel is required in certain cases, such as trying crimes punishable by death or imprisonment, appeals against summary court judgments, and other cases that require a panel.
3. Family Courts
Family courts are situated in 50 locations nationwide, the same places as the district courts, with branch offices in 203 locations and local offices in 77 locations. The Family Courts handle family affairs determinations and conciliations as well as juvenile delinquency cases.
Family court cases are handled by a single judge or panel of three, using reports from investigating officers and psychiatry-trained medical officials.
4. High Courts
High courts are located in 8 major cities in Japan: Tokyo, Osaka, Nagoya, Hiroshima, Fukuoka, Sendai, Sapporo, and Takamatsu. The total of 6 branches are attached to some of the high courts. In addition, Intellectual Property High Court was established in 2005 as a special branch of the Tokyo High Court.
High courts generally have jurisdiction over appeals against district courts, family courts, and summary courts’ rulings, unless specifically provided for by Supreme Court jurisdiction. The procedures for appeals against summary court judgments differ between civil and criminal cases. In criminal cases, appellants can appeal directly to the high court, while in civil cases, appeals are filed with the district court.
In principle, a three-judge panel hears cases in a high court. A panel of five judges preside over trials involving insurrections, disciplinary and other actions against judges.
5. The Supreme Court
The Supreme Court of Japan is located in Tokyo. The Supreme Court, despite its judicial review power, cannot judge the constitutionality of a law separately from a specific case. It can only make a judgment on a specific dispute as the court of appellate instance. The court has jurisdiction over final appeals and procedural law appeals, and has original and final jurisdiction in proceedings involving the impeachment of National Personnel Authority Commissioners.
The Supreme Court is composed of a Chief Justice and fourteen other Justices. It is divided into three Petty Benches, and most appeal cases are adjudicated by one of these.




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