SEE YOU IN COURT:
The Appeal of Litigation Grows for Japanese

July 2, 1997

In recent years, the number of civil suits brought at summary and district courts across the nation has risen rapidly. An increasing number of people are resorting to the court system to redress their financial problems. But other factors are thought to be at play, such as a greater willingness to settle disputes in court. The fact remains that Japan has fewer justices and lawyers than other advanced countries, and verdicts take a long time. Such problems are at the same time prompting intensified efforts to improve legal access.

Financial Pain and Changing Attitudes
In Japan, a court ruling is in principle subject to an intermediate and a final appeal. Summary and district courts are the two types of inferior court that handle initial trials. The 452 summary courts handle initial civil cases involving claims of 900,000 yen (7,800 dollars at 115 yen to the dollar) or less and offenses punishable by fines alone. Usually, other cases are initially tried in the district courts, which number 50--one for each of the 46 prefectures and four for Hokkaido.

According to statistics compiled by the Supreme Court, 266,593 ordinary civil cases were brought before the summary courts in 1996, 2.4 times as many as in 1991. The corresponding figure for the district courts was 142,959 cases, a 19% increase during the same 5-year period.

The main reasons for this rise are the period of inflated assets known as the "bubble economy" and the protracted slowdown that followed its collapse. Courts are seeing many cases where borrowed money is not repaid, people with housing loans fall behind with payments, and credit-card bills cannot be met. There has been a conspicuous rise in the number of people and organizations suing to pursue monetary claims.

But some also point to social factors. When relatives or neighbors fell into dispute, the Japanese traditionally favored a common-sense negotiated settlement that ideally was in line with the prior relationship of those involved. But in recent times the strong bonds holding communities and families together have weakened, so that it is more difficult to thrash problems out in this way. Formerly, even if the disputant party was a stranger, the social preference was for a privately negotiated settlement, with the courts as the very last resort; now the courts are often the first option considered.

Toward Better Legal Access
Many in the legal profession say that such recourse to the courts will become more frequent. There is survey evidence of potentially even greater willingness to sue. A joint committee set up by the Supreme Court, Ministry of Justice, and Japan Federation of Bar Associations conducted an opinion poll in 1994 of popular attitudes to the law, as part of efforts to boost the numbers of justices, public prosecutors and lawyers. The survey found that 87.1% of respondents were prepared to go to court in the event of a dispute that seemed likely to turn into a legal case. The figure includes 26.9% who would likely go to court, 46.9% who said they would do so depending on the nature of the problem, and 13.3% who said they would perhaps do so under certain conditions.

Yet one should not conclude that Japanese now feel at ease with the court option. For one thing, the number of justices, public prosecutors, and lawyers is very low by the standards of the industrialized world. According to the Justice Ministry and other sources, Japan has 6,600 people to every legal professional, compared with only 300 in the United States, 650 in Britain, 990 in Germany, and 1,730 in France. And of Japan's roughly 3,400 municipalities, from city to village, some 90% have only one legal office or none at all.

Hence, efforts are underway to try to make the courts more a part of people's daily lives. The Justice Ministry and other authorities are considering allowing more people to pass the national bar exams, the gateway to a legal career, raising the quota from around 800 a year to around 1,000. And greater efforts are being made to speed up court deliberations, often criticized for their snail's pace.

As a first step, a revision of legislation pertaining to civil suits will enter effect in January 1998. In cases of claims involving sums of 300,000 yen (2,600 dollars) or less, it will be possible for a verdict to be given on the same day, with oral proceedings completed in one session. With more bar associations and local authorities all over the country setting aside time for legal consultation, popularization of the legal system is gradually gaining momentum.

Ministry of Foreign Affairs

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