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Civil Justice in CrisisComparative Perspectives of Civil Procedure$
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Adrian Zuckerman

Print publication date: 1999

Print ISBN-13: 9780198298335

Published to Oxford Scholarship Online: March 2012

DOI: 10.1093/acprof:oso/9780198298335.001.0001

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Civil Justice Reform: Access, Cost, and Expedition. The Japanese Perspective

Civil Justice Reform: Access, Cost, and Expedition. The Japanese Perspective

Chapter:
(p.235) 7 Civil Justice Reform: Access, Cost, and Expedition. The Japanese Perspective
Source:
Civil Justice in Crisis
Author(s):

Yukiko Hasebe

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780198298335.003.0007

In Japan the new Code of Civil Procedure was enacted in 1996 and came into effect in January 1998. The aim of the reforms was to offer ordinary citizens plain and accessible civil justice. The main reforms of the New Code are as follows: the establishment of pre-trial procedures for identifying genuine issues; the improvement of the method for obtaining evidence; the introduction of a small claims procedure; and the restriction of appeals to the Supreme Court. The overall objective is to achieve expeditious and efficient civil justice. This, in itself, is no doubt desirable. However, if it sacrifices fairness in justice, it should be thought over again. What is justice? What are its most fundamental and essential elements? And how should they be realized them? It is against the background of these questions that this chapter describes the recent reforms and the present situation in Japanese civil justice.

Keywords:   civil procedure, procedural reform, civil litigation, Japan, civil justice, civil code

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