Law of Japan
The laws of Japan is the sum judicially enforceable social norms in Japan.
- 4.1 Corporate Law
Legal History
Pre-modern law
The pre-modern law was heavily influenced by the Chinese system based on philosophical considerations of Confucianism and Legalism. This early Japanese law was codified in the 7th century in ritsuryō. About the legal system before using little is known.
Meiji period (1868-1912)
Japan was already in the Tokugawa period with Western law, especially in the form of international treaties, come into contact. The solution to these Unequal Treaties conditional first knowledge of the legal systems, which served as the basis for those. Another motivation for the reception of Western law was to build a modern state administration, the required officials and judges. Some young Japanese had already studied law in the Netherlands and strove for the spread of Western legal thought. The Japanese government therefore decided in 1870 to create a center for legal education in Justiziministerium. They invited this, especially French law teachers - the most famous of them was Gustave Boissonade - a. The English common law was in contrast (now Tokyo University ) taught at the Tokyo - Kaisei school. An important step in Japan on the way to a modern legal system was the establishment of the Japanese Imperial Court ( Daishin'in ) 1875 The Japanese government gave this as a default.:
" In civil matters, they decide according to the laws, if there are no laws, according to the custom, and if there is no habit, by Jori. "
A first failed attempt of codification was in a translation of the French Civil Code. In the area of criminal law Boissonade developed a penal code and a code of criminal procedure, according to the French model. The codification of civil law followed, with Boissonade took over the property right itself and the family and inheritance Japanese students left. The result of this work was presented using the ( French ) system of institutions and took over recent developments in French science and jurisprudence, and comparative law. It was introduced in 1890 and should enter into force in 1893. Against this first Civil Code, however, inflamed fierce resistance from the common law - school. The dispute politicized soon: Progressive supported the French school, the English Conservative with the argument that the new codification is a copy of the Civil Code and do not take enough on the Japanese tradition of consideration. As a result of the political balance of the Parliament, the Civil Code adopted in 1892 provisionally not be put into force.
The Japanese government decided then to a second trial and instructed Nobushige Hozumi, Tomii Masaaki Ume Kenjiro and a second codification of civil law, which should take into account the Japanese tradition and the insights of comparative law better. This second attempt after Pandektensystem was successful: in 1896 joined the general part, obligations and property law, 1898, the family and inheritance law in force. Although this is still valid today, Civil Code took many solutions of the old Civil Code, but ordered them according to structural principles of the German Civil Code. In succession and family law, especially traditional Japanese institutions such as landlord and the landlord succession were taken.
The increasing influence of German law was also in numerous other codification of Time 1890-1930: The Meiji Constitution borrows heavily from the then Prussian constitution, the Commercial Code of 1899 is due in large part to the German Commercial Code. The Civil Procedure Code is based on a design by Hermann Techow. The reception of German law has predominantly taken place but also a " theory reception ". Regardless of the legal texts, the Japanese law often led a contra legem theoretical products German jurisprudence: " [ Man] can [ ... ] not to say the Japanese Civil Code is a copy of the Civil Code; However, the Japanese civil law must provide a copy of the German civil law science is the "
Taishō period (1912-1926)
The First World War reduced the influence of German law. Instead of going to Germany Japanese legal scholars now traveled to the United States, England and France. Especially under criticism Izutaro Suehiros to the dogmatic Begriffsjurisprudenz they turned more to the case law and the free right to François Genys. Therefore Suehiro founded in 1921 with the aim to find a working group the living laws of Japan after his return from the United States and France. Other factors of influence exercised the Sociology of Law Ehrlich and Weber. In the second half of the Taisho period is also the beginning of social legislation in Japan.
Showa period (1926-1989)
The Japanese defeat in the Second World War brought a profound impact on the legal system itself. Even before the adoption of the Constitution of 1946 was issued an arable land reform, which made almost all the tenants to free farmers, trade unions were formally recognized in 1947 was followed by health and safety legislation. Following the adoption of the Constitution was followed by reforms of the trade, economic and criminal law. All these reforms took place during the period of American occupation, according to the U.S. law practiced enormous influence. Conjectures, Japan would thereby break out of the continental European legal systems in the long term, but are not yet become a reality; the influence of the German civil law - namely Karl Larenz ', Josef Esser and Ernst von Caemmerers - is still, in addition to the U.S. as sprinklings of sociology of law ( " law in action " ), Case exegesis and comparative law, great.