摘要
The observation and elaboration of judicail reform now being under way in Japan may be made from two different aspects.One aspect is abstract based itself on the expectation of changes of the society.The other saspect is specific based itself on the demand of change of patterns of administration of state and “devolution” and “relaxation of restrictions”.This article mainly discusses the following issues:Why judicial reform becomes an important political subject in Japan?What different opinions and stands in respect of aims and contents of judicial reform have been upheld by people from political and financial circles and people from legal community,and by people within legal community?What are major modifications and characters in the tentative ideas contained in the Letter of Suggestions that was drafted at the Meeting of Examination of Judicial System and submitted on June 12,2001?Can fundamental aims of judicial reform be realized ?To answer all the above-mentioned questions,this article first reviews the social context,process of development of and basic propositions brought forward in the judicial reform in Japan,then examines a number of most important factors.On the basis of this effort,the author analyses the complicated relationship between the social institution and judicial reform,and brings forward his personal predictions and observations in view of the obstacles that have already cropped up and are possibly to come up.
The observation and elaboration of judicail reform now being under way in Japan may be made from two different aspects.One aspect is abstract based itself on the expectation of changes of the society.The other saspect is specific based itself on the demand of change of patterns of administration of state and “devolution” and “relaxation of restrictions”.This article mainly discusses the following issues:Why judicial reform becomes an important political subject in Japan?What different opinions and stands in respect of aims and contents of judicial reform have been upheld by people from political and financial circles and people from legal community,and by people within legal community?What are major modifications and characters in the tentative ideas contained in the Letter of Suggestions that was drafted at the Meeting of Examination of Judicial System and submitted on June 12,2001?Can fundamental aims of judicial reform be realized ?To answer all the above-mentioned questions,this article first reviews the social context,process of development of and basic propositions brought forward in the judicial reform in Japan,then examines a number of most important factors.On the basis of this effort,the author analyses the complicated relationship between the social institution and judicial reform,and brings forward his personal predictions and observations in view of the obstacles that have already cropped up and are possibly to come up.
出处
《环球法律评论》
2002年第122期23-37,共15页
Global Law Review
