Japanese Criminal Procedure Law

Author: Song Yinghui (Translation)
Publisher:
Publish Date: 2000-01-01
Features: Only by comparing can differences and strengths be seen; only by learning from others can development and progress be promoted. This applies to the construction of the rule of law as well. The development of China's rule of law, including the reform and improvement of its criminal procedure law system, must be grounded in China's national conditions, continuously summing up its own experience, while also studying the situation of rule of law construction in other countries and learning from their experiences to achieve the effect of "using the stone of others to polish one's own jade." The publication of this book will provide certain assistance in the implementation of the amended "Criminal Procedure Law of the People's Republic of China" (adopted by the Fourth Session of the Eighth National People's Congress on March 17, 1996) and the study of criminal procedure law.
The translator once studied at Nagoya University in Japan, possessing a high level of Japanese proficiency and a systematic understanding of Japan's criminal procedure law. To facilitate readers' general understanding of Japan's criminal procedure law, we have asked the translator to provide an introduction to it. The development history of Japan's criminal procedure law can be broadly divided into three periods:
Before the Meiji Restoration, the main focus was on learning from the Tang Dynasty's legal code, implementing Ritsuryō legal system and Buke legal system, with criminal procedure law included in these systems;
From the Meiji Restoration to the end of World War II, Japan primarily modeled its criminal procedure law on France and Germany;
After World War II, Japan's criminal procedure law was influenced by U.S. law, absorbing a large amount of adversarial system elements and forming a distinctive criminal procedure system.