earticle

영어

The Japanese law can be characterized as a Champon oodle,which is a Chinese origin food and known as a dish you can enjoy a variety of ingredients in rich flavored soup. In Japanese history,we have introduced some ingredients(= foreign laws) in to the bowl of soup(= Japanese law based on Asian legal tradition). Some ingredients go well with the soup, and some don’t.
In this article, I will examine a Japanese view on criminal trial. In Part II, I will provide the brief history of reception of foreign laws in Japan. And Part III of this article will explore the reason why the Japanese government chose the lay judge in German, not the jury in the U.S., pointing the Japanese view on criminal trial shared by the government and the Japanese people as well. In Part IV, I will summarily conclude that we need the criminal justice system more for the punishment to the wrongdoer than for the protection of the criminal defendant.