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Review Of Japan’s Post-war Judicial System Reform

Posted on:2016-12-18Degree:MasterType:Thesis
Country:ChinaCandidate:S G XueFull Text:PDF
GTID:2296330461458816Subject:Law
Abstract/Summary:PDF Full Text Request
The judicial system is a general term refers to a system of standardized national system of judicial authorities and other quasi-judicial organization’s structure, activities and other aspects of the principles and work systems. In theory, the establishment of the judicial system is designed to protect the basic human rights and social justice, to achieve this goal is an important guarantee of judicial independence. 1Justice reform generally refers to the concept of justice, the judicial system, the mechanism2 of change and innovation. In the development process of any country, in order to adapt to changing social realities, need to keep the country’s judicial system to adjust to change. Therefore we can say, in any country, as long as the pursuit of sustainable development of the judicial system, so it has the inevitability of reform and long-term. How frequently are said, "the law is the law advances in transplantation, the eternal theme of development, there are legal as long as the national day between countries, always showing the advanced and conservative situation, legal migration will also be developed and backward is an inevitable phenomenon " 3. Legal systems around the world is in constant reform to move forward. In Asia, Japan’s judicial system reform is very unique, and it is successful. Through two post-war justice reform, modeled on the Anglo-American law, especially the US law, Japan established a unique system of justice. After entering the 21 st century, Japan continues to carry out judicial reform to improve their justice system to adapt to the evolving social realities. In China, along with the concept of the rule of law continue to strengthen the judicial system has now been pushed into a new period of development. At this time, the reform of the judicial system of the History of Japanese studies to broaden their thinking beyond their own limitations, but also to learn from the lessons of other countries in the reform of the judicial system, so that the reform can play a multiplier effect.In addition to the introduction of this article, The paper is divided into three parts:The first part is the initial reform of the judicial system in Japan after World War II. First, the Japanese in World War II, the Japanese judicial system before the review. Then for the first two post-war justice reform introduced in Japan Review, which for the first time in the judicial system reform is carried out under the American-led, fully reflects the will of the American. The second reform of the judicial system in Japan, although spontaneous, but for various reasons did not ultimately achieved very good results, but the local made some adjustments, which in fact is the third reform foreshadowed.The second part is to continue to promote the new century, the Japanese judicial system reform. This part is the focus of this article. Respectively, from four aspects Law School, a new judicial examination, the judicial system and the jury system to attend to the main content of the new century, the Japanese judicial system reform introduced, and each system has been Comment.The third part is thinking of post-war Japanese judicial system reform. In this part of the reform of the judicial system in Japan for reflection, for its development and future trend of inspiration for this stage of the judicial system of our country made the exposition.
Keywords/Search Tags:Japan, Post-War, The Judicial System, Reform
PDF Full Text Request
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