JFBA Statements
 and News Release

 
   

The 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A bill designed to amend the law on expenses of civil procedure aiming at introduction of a loser-pay system was withdrawn resulted from a mounting wave of public criticisms and movements which concerned about a negative effect of this system.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.