Rule of Law and the Criminal Justice Reform in Japan

獨立與公正的司法是法治國家所不可或缺的,就此而言,日本的刑事體系一直被認為是充滿問題、甚至是絕望的。日本的定罪率是百分之九十九,這個數據一直讓人懷疑法院的公正,同時也暴露了日本司法的問題,像是被告人權與無罪推定原則。針對這些批評,日本政府在2000年開始了司法改革,作為改革計畫之一,日本在2004年通過一個法案實施所謂「準陪審團」制度,並修改刑事訴訟法。這項計畫在2009年生效,這是日本二戰後60年來第一次實施人民參審制度。本文指出這項改革的過程,並從法治國家的角度檢視日本刑事司法的剩餘問題。

An independent and impartial judiciary is fundamental requirement of rule of law. In this regard, Japanese criminal justice system has always been problematic and criticized as hopeless". The conviction rate in Japan is over 99%, and the statistics casts serious doubt of impartiality of the court, as well as show the problem of justice, in terms of defendants' human rights and the fundamental principle of the `presumption of innocence'. Indeed, serious structural problem in Japanese criminal justice system causes numerous human rights abuse in the custodial interrogations and serious wrongful convictions against innocent individuals.In response to several criticisms toward the Japanese judicial system, the Japanese government commenced a comprehensive judicial reform in 2000. As one of the reform projects, a bill was enacted in 2004 to introduce a quasi-jury system (the so-called `Saibanin system') and to revise the Code of Criminal Procedure. This new system has come into force in 2009. This is the first time since the end of the World War II 60 years ago for Japan to realize a system of citizens' participation inthe court system.Although this new system has several progressive aspects, it cannot be evaluated as a victory in terms of fundamental human rights in the criminal procedure and the prevention of wrongful convictions. This paper describes the process of the reform and their subsequent impacts, as well as remained agenda for criminal justice reform in Japan from the perspective of rule of law.