Japan's Civil Law System

2611 WordsNov 8, 201011 Pages
Japan’s Civil Law System Gwen, Simmons Japan’s Civil Law System The purpose of civil law is to resolve non-criminal disputes. These disagreements may occur over the meaning of contracts, divorce, child custody, property ownership, either personal, or property damage. Civil courts are a place where decisions can be made to solve problems peacefully. The goal of a civil court is to provide legal remedies that ultimately solve problems. Civil law can be based on state or federal statute or a ruling by the court. In Japan, the different types of civil cases are civil litigation cases, civil conciliation cases, civil execution cases, and bankruptcy cases (Judicial Reform Council, 1999). The Japanese culture view courts as a last…show more content…
When a law system is the most used legal system in the world, it is certain to have advantages, but it will have some disadvantages. One advantage of the civil law system is that it remains formal within the judicial system. The civil law system abides by established codes and guidelines. This means the outcomes of most cases are predominantly predictable. This leaves very little room for defendants to claim discrimination if they are receiving the same outcomes as every other case with similar circumstances. Another benefit is that cases take less time, which helps to prevent lengthy trials and back logging of the court system. One of the biggest problems plaguing court systems is the amount of cases overwhelming the system. A high number of cases added to lengthy trials are additional setbacks to the judicial system. In addition juries can’t give inappropriate weight to an unreliable source nor can they misuse facts. Taken from the German civil code; Japan continues to apply the civil law system as it is the most organized legal system. Although the civil system is trusted as the most organized and just judicial system in Japan, it does have a few disadvantages. With civil law, the rules of evidence are less stringent. Less stringent laws offer a disadvantage to the civil law system because this can leave room for much debate. When outcomes change and there is no consistency more defendants claim
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