Press translations [Japan]. Political Series 0078, 1945-12-13.

Extracts:

The fundamental mission of judicature is the realization of justice through judicial processes. As justice is tie basis of the character of a nation and the central pillar around which the nation stands the judiciary expresses most eloquently the nation's cultural ideal and analities. A nation, as its civilisation advances, should respect the judiciary more than the two other governmental broaches, that is, the legislature and the administration.

The basic argument for reform of JAPAN's judicial system must be founded on this conception. The first question to be considerat is the strengthening of judicial independence, the second is finding competent men capable of operating an independent judiciary. The court of justice should be independent. The constitution provides that "The judicature shall be excuted by court of justice according to the laws in the name of the Emperor". Superficially its independence appears to be fully guaranteed, but in reality this is not the case, as is explained below.

The minister of justice, who is an administrator, has the power of supervising and controlling the whole body of judicial officers including judges, prosecutors, and other officials, from Vice-Minister downward. He also controls matters concerning the personnel of the court, such as appointment and dismissal of judges, and so on furthermore, as shifting is permitted among judges, prosecutors, and justice department officials, actually, the judges throughout their official lives are under the supervision and control of high officials of the department, including the Vice-Minister, who makes use of the Minister's right to control and superior. For the past ten years the posts of various high functionaries in the Department of Justice have been occupied by prosecutors; consequently the ruling stratum is dominated by prosecutor-like ideas and atmosphere. In addition, offices in the court are filled by men from the Department of Justice so that the judges are always exposed to the menace of administrative domination. Under such circumstances it is no wonder that judges are losing their independent, courageous spirit and are tolerating many evils.

In order to make the judiciary really independent, the first step must be to free the court from the justice minister's control, and to place internal affairs under the care of the President of the Supreme Court.

POLITICAL SERIES: 78 (Continued)

ITEM 1 (Continued)

The distruction between judges and prosecutors is not clear to the general public; hence doubt is entertained regarding the court's independence and impartiality. Therefore, the Court of Justice and the Prosecutors' Bureau must be definitely separated, and separate provisions must be made regarding the necessary qualifications for appointments. Justice Departments should be abolished. Then, if necessary, the prosecutor Bureau could be made an independent department.

It is necessary to elevate tie position of the court after it has freed itself from the Department of Justice and Presecutors' Bureau. The position of the President of the Supreme Court must indisputably be above that of the Chief Prosecutor and also higher than that of the Prime Minister. This is the only way by which one can expect the unimpeded execution of justice in the courts. We must further demand that the courts be authorized to rectify abuses of the prosecutor's right of indictment. That is, depending on the case, the judge may not only reject the prosecutor's indictment but can prod the prosecutor when deemed necessary. Furthermore, in view of the Legislature's recent weak-kneed attitude of approving bad legislation, for more authority should be given the courts to pass on validity of legislation. The function of administrative litigation should be transfered to the ordinary courts of justice.

Even now, however, if the courts of justice secure independence in this manner, unless proper men are present to handle the machinery the whole thing will be meaningless. Since justice as now administered by the courts, is not only a guide the present generation but also an example for coming generations, the men who fill these high positions must be of the highest caliber. Of course, proper recognition, appropriate to such an honorable position, must be accorded, but at the same time the number of personnel should be as small as possible.

Qualification for judges should also be applicable to lawyers, and the future judges should be chosen from among this professional groups. For the present, it is recommended that many capable barristers should be appointed to key positions in the courts. If we are to accept the interrelation of bench and bar, reform of the present barrister system will be necessary.

Summary:

The Social-Democrat party Supports The Emperor System

The Japan Social-Democrat Party has again decided to support the Emperor system. How does the Party support it? With what attitude does the Party attempt to support it? Is it not contradictory to Party ideology?

To these questions, Diet member MIZUTANI, Chozaburo, member of the Party, replied, "The Party has clearly stated that the supreme power is to be thoroughly restricted, but the Emperor system is to be maintained. According to the speeches of those who demand abolition of the Emperor system, keeping that system will result in a resurgence of militarism, bureaucracy, and feudalism. However, abolition of the Emperor system is no guarantee against this resurgence; just look at the monarchist movements of royal families in European history. Also, the Imperial

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POLITICAL SERIES: 78 (Continued)

ITEM 2 (Continued)

Household and the Emperor are different from royal families of other countries. They have always been the Center of racial unity. The Party thinks that true national feeling will support their maintenance and at the same time call for removal of the same defects as indicated by those who demand the abolitism of the Emperor system.

The Emperor himself told an American reporter that he wished an English type constitutional monarcky, so hereby the Emperor would not hold supreme power and where the center of political authority would be transferred to the Diet.

If such a change is realized, war can never break out without consent of the Nation at large. Also, all probems in and out of the country will be determined by the public through the Diet. I think that this is in accord with the will of the Nation, which supports a modified Emperor system. If the tide of public opinion changes in the election, the Party, of course, will not object.

The Party believeds that the problem of the Emperor system should be discussed before the world with national pride, its traditional secrecy lifted. As a result, a new national constitution would be created and the Emperor system would be substantially different from the one which the existing constitution supports. Moreover, the Imperial Household greatly desires that all Imperial properties be offered to the Nation for use in obtaining food import. The mission of the Party is to support the Emperor and practise socialism under him.

Full Translation:

In spite of the inactivity of our religions circles since the war, Buddhists are now evidently trying to take part in political activity, thus violating their tradition. Two groups, one representing the sects of TENDAI, NICHIREN, JODO and several others, and the second, representing the HONGANJI Order, will organize Buddhist parties in order to have candidates in the coming general elections. The former group intends to have a party combining every Buddhist sect, with SHIORI, TOMOMATSU and INABA, as leaders; while the latter group, with OTANI, the last president of HIGASHI HONGANJI, as its director, held a preparatory meeting for organization at TAKAKURA Hall at SHICHIJO in KYOTO on 30 November. Aiming at the people's direct participation in government and the acquisition of political know-how, each group will try to unite the priests and devotees toward a common goal.

Mr. TAKEDA, of OTANI University, who is staying in TOKYO, said, "Though we don't want merely to imitate young men's Catholic parties as organized in Europe, I believe, that in order to make our country democratic, the most urgent problem is inculcating the people with a political theory which is firmly based on the individual's views concerning human beings and the world. The English Cardinal's declaration against the affair between the Prince of Wales and Mrs. Simpson, from his British Christian standpoint, made the people think and solidifict public opinion. Hereafter, the Japanese must say "yes" or "no" according to his own belief. As for his political training, I think religions parties must have a role therein, based on internationalist views".

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POLITICAL SERIES: 78 (Continued)

Summary:

Political Change or Re-Dissolution

A general election for the purpose of forming a new. Diet will be carried out. According to the law, the general election must be held within 30 days after the dissolution of the present Diet session, as if the present Diet is dissolved on the 20th the general election will be held on 18 January, and the new Diet will be convened by 1 February as an extraordinary session. Next year's budget and other bills essential for the reconstruction of the country must be brought into action by the end of March.

Now, here is a grave problem. Suppose the Progressive Party secured the majority at the election. Apart from the question as to whether the Party is fit to form a cabinet or not, if the present Cabinet carries on to the new session it must prepare itself against strong opposition from the majority party. Furthermore, is it possible to make the budget and other bills in so short a term as two months? If the budget is not established the Government will have to follow the financial budget for 1945 and its difficulties will be magnified.

On the other hand, if the Government resigns inmediately after the election to give way to a majority party, it would be too difficult for a new Government formed on 20 January to restudy the budget and other bills to submit new drafts to the Diet by 1 February. Premier HIDEHARA replied to an interpelletor to the effect that in case a party which opposed the Government's policy formed a majority in the coming election, the Government might dissolve the Diet again to ascertain the nation's verdict as to which side it would support. Is it possible for the present ministry, which is not supported by a party, to dare dissolve the Diet? Even if it could, what would be the fate of the praperty Tax Bill and others which are part of the Allied Headquarters' directives? Viewed in this light the political situation soon after the election is bound to be very delicate.

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