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161st Extraordinary Diet Session closed today, and the
legislative process of the judicial system reform has
been basically completed.
A bill designed to amend the law on expenses of civil
procedure aiming at introduction of a loser-pay system
was withdrawn resulted from a mounting wave of public
criticisms and movements which concerned about a negative
effect of this system.
The JFBA argued that the introduction of the loser-pay
system was against the philosophy of the judicial reform
which was to make it easier for the general public to
use the judicial system. It also pointed out that the
system might discourage the weak in society to file claims
if the loser has to bear the winner's attorney fees even
only when there is such an agreement. Therefore, the JFBA
urged that the bill should not be adopted without necessary
measures to avoid such an adverse effect, and made every
possible effort to persuade lawmakers.
Another bill designed to abolish the allowance payment
system for judicial apprentices and introduce a loan system
instead cleared the Diet. Details of the loan system will
be provided by the Rules of the Supreme Court. The JFBA
had been strongly against the exemption of those who pursue
careers of judges or public prosecutors after judicial
training from return of the loan, and such exemption was
not included in the bill. The JFBA also protested that
the allowance payment system was necessary and should
be maintained, however, the point was not fully supported
by the general public.
In addition, the JFBA urged that the sudden change from
allowances to loans might greatly affect the current law
school students unexpectedly, and it was essential to
take a time to widely publicize the law. As a result of
the JFBA's efforts and public voices, its enforcement
date was postponed from 2006 to November 1, 2010, and
the bill was adopted along with supplementary resolutions
for ensuring the uniform, fair and equal training for
judicial apprentices.
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