Civil Procedure Code at Japan
Japan's Code of Civil Procedure (民事訴訟法, Minji Soshō Hō) is the primary legal framework governing civil litigation in Japan. Enacted as Act No. 109 of 1996, it has undergone several amendments to enhance efficiency and adapt to evolving legal needs. (Code of Civil Procedure - English - Japanese Law Translation)
⚖️ Key Features of the Japanese Civil Procedure Code
1. Jurisdiction and Venue
The Code establishes rules for determining the appropriate court to hear a case, based on factors such as the defendant's domicile, the location of property, and the nature of the dispute. It also addresses exclusive jurisdiction in specific matters, such as intellectual property rights and corporate actions . (Code of Civil Procedure - English - Japanese Law Translation)
2. Pleadings and Case Initiation
Civil proceedings commence with the filing of a statement of claim. The Code outlines the requirements for pleadings, including the necessity for clarity in stating the facts and legal grounds of the claim.
3. Evidence and Examination
The Code provides detailed provisions on the examination of evidence, including the presentation of documents, witness testimony, and expert opinions. It also allows for the court to examine evidence on its own initiative in certain circumstances . (Code of Civil Procedure - English - Japanese Law Translation, Code of Civil Procedure - English - Japanese Law Translation)
4. Judgments and Appeals
Decisions are rendered based on the merits of the case, and the Code specifies the procedures for appeals, including time limits and grounds for appeal. It also addresses the binding effect of judgments and the enforcement of court orders. (Code of Civil Procedure - English - Japanese Law Translation)
5. Recent Amendments
The Code has been amended multiple times to improve the civil litigation process. Notably, amendments in 2022 introduced changes to streamline procedures and enhance the efficiency of civil trials . (Code of Civil Procedure (Act No. 109 of June 26, 1996, as amended up to Act No. 48 of May 25, 2022), Japan, WIPO Lex)
📘 Accessing the Code
The full text of the Code of Civil Procedure, including the latest amendments, is available in English through the following resources:
Japanese Law Translation (Ministry of Justice): Provides an English translation of the Code, including a comparison table with the Japanese text. (Code of Civil Procedure - English - Japanese Law Translation)
WIPO Lex: Offers the consolidated version of the Code as amended up to May 25, 2022. (Code of Civil Procedure (Act No. 109 of June 26, 1996, as amended up to Act No. 48 of May 25, 2022), Japan, WIPO Lex) (Code of Civil Procedure (Act No. 109 of June 26, 1996, as amended up to Act No. 48 of May 25, 2022), Japan, WIPO Lex)
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