Press translations [Japan]. Political Series 0082, 1945-12-15.

Full Translation:

Following the marked trend toward national democratization, TOKYO judges, procurators and counsels have started a reform movement of the Japanese judicial system. With the post war release of many political criminals, facts of infringements upon people's rights were disclosed. For instance, in criminal prosecution, the following deplorable points may be emphasized? 1. feudal aspects of the judicial police (poor conditions of prisons, maltrectments of the suspected, forture, non-scientific investigation); 2. Bureaucracy of the procurators (lack of respect of people's rights, self-concert); 3. Inquisition by procurators; 4. The supreme leaders of procurators are subject to political parties or military cliques; 5. Improper qualifications for procurators and judges.

Especially during the war, the judiciary was much influenced by the militarises. For instance, the research work of KAWAI, Eijiro, HINORE, Tatsukichi, OZAKI, Yukio, TSUDA, Sokichi, OUCHI, Hyo[illegible]. and others was suppressed. Thus, the Japanese judicial system, which has boasted to the world of its uprightness and fairness, seemed to have lost its authority. On the occasion of the defeat, movements for forming the Japanese judicial system are coming from the judicial Reform society, the Investigation society of the judicial system, the Osaka Lawyer's Association, and the Criminal Law Research society, which consists of nationally known lawyers.

Among those who met on 5 December at the CHUOTEI, HARUNOCHI, were the following; KONDO, Kanji, a junior judge at the Court of Appeals, TOKYO: YAMASHITA, Tsaichi, chief of the civil section of the TOKYO local Court; other leading personnel of the same court, and many others. At the meeting they gave their views, saying, "During the last decade in JAPAN, justice was often replaced by might, even in the Judiciary. The people must form the basis of maintaining legal order in the new age." The meeting took up the question of unification in judicial circles, and judges, procurators, and lawyers expressed their views. They have decided upon democratization of laws and ordinances, separation of law courts from public procurator's office, entrance of lawyers into judicial groups, and the nomination of judges end procurators from among lawyers so as to unify judicial circles. According to a decision reached at the meeting, a reform plan will be drawn up and submitted to the Diet for approval, and democratization of trials and new movements for reforming the judiciary will be pushed.

POLITICAL SERIES: 82 (Continued)

ITEM 1 (Continued)

Mr. HAYASHI, Momoo, who attended the meeting, said: "I recollect the story, told by a chief judge, that during the war the law courts had to obey the Army. In some cases, judges who passed judgement against the will of procurators were subjected to violence. If the judiciary is to have the people's confidence its independence must he strengthened. A judicial officer must he impartial to the last In this changing age we cannot wait for a luke-warm reform by the old men in judicial circles. We younger judges, procurators, and lawyers must combine with intelligent people in working out a good judiciary."

Summary:

In order to meet the post war situation, the government has promised free elections which will reflect the true intentions of the people. A thorough revision of the election law will have to be closely connected with the amendment of such affiliated laws as the House of peers Law and the law concerning the Diet, and cannot be contemplated by an "officially elected' Diet which come into existence through TOJO's Imperial Rule Assistance Elections. The reform should now be limited to provisional amendments based on the present needs of democracy, A thorough reshaping in accordance with the new constitution and the new House of peers Law must be carried through by the new parties to be elected by the nation. The most important items now, are the extension of voting rights by admitting women to the polls, and lowering the age limit, by establishing large voting districts in order to revolutionite old party constituencies. The adoption of a limited plural vote for avoiding unnecessary voting and the abolition of campaign restrictions with a view to ensuring free elections will be a step toward democracy.

What do the lowering of the age limit and the granting of equal rights to women mean in terms of politics? The government seems to count on the fact that Japanese youth, having been absolutely subjected to militaristic education, is devoid of political knowledge, shereas the women live in feudalistic family bondage and know little about public problems, so that the admittance of new voting group will make for conservatism. The Government is somewhat vague about whether the granting of equal rights to women implies a change of their status according to civil law, justice Minister IWATA stated that the legal condition of women remains in all respects the same, whereas this issue is still undecided, according to the Minister of the Interior. The election districts should be set free from the old constituencies and be planed on a new, wider basis, in live with the new democratic complexion our government machinery must acquire.

Full Translation:

Establishment of Democracy.

Which forms does democracy take in JAPAN? Progressive party; "By laying emphasis upon the principles of democracy, national subsistence, and stabilization of the national standard of living must be secured.

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POLITICAL SERIES: 82 (Continued)

ITEM 3 (Continued)

The false concept of "free economy", which permits economic exploitation, must be done away with. In removing the difference between rich and poor, the agrarian reform and the labor union law must be put into practice, and the smaller industries have to he protected. It is especially necessary that men and women he put on an equal place by doing away with legal inequalities. Liberal party: Our country's democracy must he like that of AMERICA and ENGLAND, It must be suitable for the Japanese nation. What is Japanese democracy? It means conducting the affairs of state by maintaining the Emperor System and upholding the national policy. Therein lies democracy proper for JAPAN. Social Democratic party: The basis for establishing democracy consists in national organization; that is to say, the vocational fields of farmer and labor unions must be based on a democratic national organization, upon which democratic political parties and other political structures must be set up. This explains the attention being paid by Allied Headquarters to the plan for the, labor union law. Because of the universal basis of democracy, is hard to understand."

Attitude toward the Emperor System. Progressive party: "The question of the Emperor system is beyond dispute and splendid democratic countries like ENGLAND and SWEDEN testify to the effect that emperors cannot do any harm to democracy. Liberal party: Because of the condition of our country, we have no other way left for existence than living with the Imperial Family as the central figure, "Sovereign and subject" in relations, but ''father and son'' is feeling. In such a country, based on the family system, just this affection between sovereign and subject, and father and son should invariably be the basis for reconstructing a democratic country," Locialist party: "The question of the Emperor System which, constitutes a traditional national creed, must be dealt with in consideration of the idea and feelings of the Japanese nation, but not theoretically or ideologically. Realistically speaking, we should like to build socialism under a democratized Emperor system which has transferred supreme power to the Diet. The coming democracy of JAPAN will than be consistant with the Emperor system."

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