A Handbook of Modern JapanClement, Ernest W. (Ernest Wilson)
History
A Handbook of Modern Japan
Clement, Ernest W. (Ernest Wilson)
Japan
Japanese courts are organized according to the French system, with
some modifications along German lines. They are four in kind, from the
Local Court, through the District or Provincial Court, and the Court
of Appeal, up to the Supreme Court. The local courts have jurisdiction
over police offences and some minor crimes; the district courts
conduct preliminary investigations and have jurisdiction over crimes;
the courts of appeal hear new trials; while the supreme court hears
criminal appeals on matters of law. Japanese courts are very solemn
places, with strict regulations as to costume, ceremony, and conduct.
The Japanese judiciary is, by this time, pretty much weeded out of
the old judges with antiquated notions, and consists very largely of
comparatively young men, educated in the modern systems. A graduate of
the Law College of the Imperial University may attain a seat on the
bench after three years as a probationary judge, and one examination;
other persons must pass two severe examinations. The salary of an
ordinary judge is small; and just after the Imperial Diet in 1901 had
failed to pass a bill for increase of their salaries, a large number
went on a strike! Judges are appointed for life on good behavior.
[Illustration: COURT BUILDINGS, TŌKYŌ, AND THE MINT, ŌSAKA]
The management of the Japanese prison system will bear favorable
comparison with that of any Western country; for it has undergone
considerable improvement of recent years, and is quite up to date. It
is rather amusing to recall the fact that, before the new treaties
came into effect, by which foreigners were to fall under Japanese
jurisdiction, considerable anxiety was manifested lest American
criminals, for instance, should suffer inconvenience in Japanese jails!
And it was a singular coincidence that the first crime committed
after the midnight when those treaties went into effect was by an
American, who committed a triple murder in Yokohama. But the trial and
treatment of Miller showed to the world that Japanese law and prisons
were entirely unworthy of the captious criticism that had been passed
upon them. With commodious buildings, extensive grounds, ventilated
rooms, gardens and shops for laborers, hospitals for the sick, bath
privileges, wholesome food, reading matter under certain limitations,
rewards for good behavior, part pay for labor, the Japanese prison,
especially the largest ones at Tōkyō, Yokohama, and other important
cities, must be acknowledged to hold high rank among the reformatory
institutions of the world.
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