JCP sees panel's judicial reform proposal as lacking in democracy

The Judicial Reform Council, a government panel, on June 12 submitted to the prime minister its final proposals on judicial system reforms, the first major judicial reforms since the end of World War II.

The Council's recommendations include a substantial increase in the numbers of attorneys-at-law, judges, and prosecutors, and the introduction of jurors.

"These proposals are significant," said Kijima Hideo, who chairs the Japanese Communist Party Dietmembers Group's panel on judicial affairs, in a statement on June 12.

However, Kijima emphasized that the Council's final report lacks reforms which are essential for democratic judicial system.

He appreciated the proposal for a joint judge-jury system in which certain members from the general public will act as jury is good to help increase the people's participation in the judicial affairs.

However, he pointed out that a proposal for mandating the loser of a civil case to pay the lawyer's costs amounting to a serious adverse change because it will discourage people from filing lawsuits.

He also said that courts concerning labor affairs are inclined to give judgments favorable to major corporations, and in suits against administrative authorities, courts often fail to fulfill their functions to control administration.

At the bottom of such unfairness and weakness lie the following two causes, Kijima stated: One is that the Liberal Democratic Party governments intervene in the judiciary by taking advantage of its right to appoint the Supreme Court judges and the other is that the Supreme Court is in control of judges through judicial administration.

Kijima said that democratic judicial reforms require a unified system under which lawyers with experience in human rights activities can be appointed as judges, but the panel's proposals have no allowance for this.

As a JCP member of the parliament, Kijima said that the JCP will continue its efforts to achieve democratic reforms of the judicial system so that the people are ensured with speedy and impartial courts. (end)