Historical Developments[link]

Pre-Modern History

The early law of Japan is believed to be heavily influenced by Chinese law.^[1] Little is known about Japanese law prior to the seventh century, when the Ritsuryō was developed and codified. Before Chinese characters were adopted and adapted by the Japanese, the Japanese had no known writing system with which to record their history. Chinese characters were known to the Japanese in earlier centuries, but the process of assimilation of these characters into their indigenous language system took place in the third century. This was due to the willingness of the Japanese to borrow aspects of the culture of continental civilisations, which was achieved mainly via adjacent countries such as the Korean kingdoms rather than directly from the Chinese mainland empires.^[2]

Two of the most significant systems of human philosophy and religion, Confucianism (China) and Buddhism (India), were officially transplanted in 284–5 and 522 AD respectively, and became deeply acculturated into indigenous Japanese thought and ethics.^[3] David and Zweigert and Kotz argue that the old Chinese doctrines of Confucius, which emphasize social/group/community harmony rather than individual interests, have been very influential in the Japanese society, with the consequence that individuals tend to avoid litigation in favour of compromise and conciliation.^[4] In addition, it is presently believed that various arts and techniques in many fields of production, such as agriculture, weaving, pottery, building construction, medicine and tanning, were brought to Japan by immigrants from the Korean peninsula. These immigrants, wherever they came from, had significant influence on the development of Japan.

It is theorized by some that the flow of immigrants was accelerated by both internal and external circumstances. The external factors were the continuing political instability and turmoil in Korea, as well as the struggle for central hegemony amongst the Chinese dynasties, kingdoms, warlords, invasions and other quarrels. These disturbances produced a large number of refugees who were exiled or forced to escape from their homelands. Immigrants to Japan may have included privileged classes, such as experienced officials and excellent technicians who were hired in the Japanese court, and were included in the official rank system which had been introduced by the immigrants themselves. It is conceivable - but unknown - that other legal institutions were also introduced, although partially rather than systematically, and this was probably the first transplantation of foreign law to Japan.^[5]

During these periods, Japanese law was unwritten and immature, and thus was far from comprising any official legal system. Nonetheless, Japanese society could not have functioned without some sort of law, however unofficial. Glimpses of the law regulating people's social lives may be guessed at by considering the few contemporary general descriptions in Chinese historical books. The most noted of these is The Record on the Men of Wa, which was found in the Wei History, describing the Japanese state called Yamatai (or Yamato) ruled by the Queen Himiko in the second and third centuries. According to this account, Japanese indigenous law was based on the clan system, with each clan forming a collective unit of Japanese society. A clan comprised extended families and was controlled by its chief, who protected the rights of the members and enforced their duties with occasional punishments for crimes. The law of the court organised the clan chiefs into an effective power structure, in order to control the whole of society through the clan system. The form of these laws is not clearly known, but they may be characterised as indigenous and unofficial, as official power can rarely be identified.^[6]

In this period, a more powerful polity and a more developed legal system than the unofficial clan law of the struggling clan chiefs was required effectively to govern the society as a whole. Yamatai must have been the first central government which succeeded in securing the required power through the leadership of Queen Himiko, who was reputed to be a shaman. This leads to the assertion that Yamatai had its own primitive system of law, perhaps court law, which enabled it to maintain government over competing clan laws. As a result, the whole legal system formed a primitive legal pluralism of court law and clan law. It can also be asserted that this whole legal system was ideologically founded on the indigenous postulate which adhered to the shamanistic religio-political belief in polytheistic gods and which was called kami^[7] and later developed into Shintoism.Masaji Chiba, "Japan" Poh-Ling Tan, (ed), Asian Legal Systems, Butterworths, London, 1997 at 91.

Two qualifications can be added to these assertions. First, some Korean law must have been transplanted, albeit unsystematically; this can be seen by the rank system in court law and the local customs among settled immigrants. Second, official law was not clearly distinguished from unofficial law; this was due to the lack of written formalities, although court law was gradually emerging into a formal state law as far as central government was concerned. For these reasons, it cannot be denied that a primitive legal pluralism had developed based on court and clan law, partially with Korean law and overwhelmingly with indigenous law. These traits of legal pluralism, however primitive, were the prototype of the Japanese legal system which developed in later periods into more organised legal pluralisms.^[6]

Modern Developments and Japanese Law Today

The early modernization of the Japanese law was primarily based on continental European legal systems and lesser Anglo-American elements.^[8] At the beginning of the Meiji Era, European legal systems—especially the civil law of Germany and France—were the primary models for the Japanese judicial and legal systems.

After the Second World War, the Japanese legal system underwent major reform under the guidance and direction of Occupation authorities. American law was the strongest influence, at times replacing and at times overlaid onto existing rules and structures. The Constitution, criminal procedure law, and labor law, all crucial for the protection of human rights, and corporate law were substantially revised.^[9]

Therefore, the Japanese legal system today is essentially a hybrid of continental and Anglo-American legal structures, with strong underlying "flavors" from indigenous Japanese and Chinese characteristics.^[10] While historical aspects remain active in the present, Japanese law also represents a dynamic system that has undergone major reforms and changes in the past two decades as well.^[11]

Sources of law[link]

The Diet is Japan's national legislature, responsible for enacting new laws.

The present nation and its legal system are constituted by the Constitution of Japan, adopted in 1946 after the Second World War.The Japanese Constitution contains thirty-one articles relating to human rights and it provides for the separation of three powers: Legislative, Judicial and Executive power.^[12]

In Japan, there are two parliaments: the Upper diet (Sangi-In) and lower diet (Shuugi-In). The Japanese court system is simple because it is not a federal system. There is one Supreme Court, eight high courts and fifty district and family courts. For small crimes (punishable by a fine or lighter punishment) and civil suits (involving claims not exceeding 900,000 yen), 448 summary courts have jurisdiction.^[12] Statutory law originates in Japan's legislature, the National Diet of Japan, with the approval of the Emperor as a formality. Under the current constitution, the Emperor does not have the power to veto or otherwise refuse to approve a law passed by the Diet.^[13]

The Modern Japanese Legal System's Six Codes

The modernisation of Japanese law by transplanting law from Western countries began after the Meiji Restoration in 1868, in which the Japanese Emperor was restored to political power.^[14]

The first major legislation enacted in Japan was the Criminal Code of 1880, followed by the Constitution of the Empire of Japan in 1889,^[15] the Commercial Code, Criminal Procedure Act and Civil Procedure Act in 1890 and the Civil Code in 1896 and 1898.^[14] These were called the roppo (six codes) and the term began to be used to mean the whole of Japan's statute law.^[14] The roppo thus included administrative law of both central and local government and international law in the treaties and agreements of the new government under the emperor^[14] (in addition to former agreements with the United States and other countries, which had been entered into by the Tokugawa Bakufu).^[16]

The six codes are now:

1. The Civil Code (民法 Minpō, 1896)
2. The Commercial Code (商法 Shōhō, 1899)
3. The Criminal Code (刑法 Keihō, 1907)
4. The Constitution of Japan (日本国憲法 Nippon-koku-kenpō, 1946)
5. The Code of Criminal Procedure (刑事訴訟法 Keiji-soshō-hō, 1948)
6. The Code of Civil Procedure (民事訴訟法 Minji-soshō-hō, 1996)

Japan, as with other leading Asian economies such as Taiwan and Thailand, has retained its Commercial Code, but has chosen to enact numerous special laws as well as to amend the Code.^[17] Japanese commercial law is also characterised by a relationship with the bureaucracy that is important in determining how those engaged in commerce conduct business.^[18]

Precedent[link]

In the civil law system of Japan, judicial precedent provides non-binding guidance on how laws should be interpreted in practice. Judges seriously consider precedent, especially any pertinent Supreme Court decisions, thus making understanding of precedent essential to practice.^[19]

Civil law[link]

The Civil Code of Japan (民法 Minpō, 1896) was created in 1896. It was heavily influenced by the first draft of the German Civil Code and the French Civil Code.^[20] The code is divided into five books. Those on family and succession retain certain vestiges of the old patriarchal family system that was the basis of Japanese feudalism. It was in these sections that most of the postwar revisions were made. At that time it was considered no longer necessary or desirable to pay such homage to the past, and the sections dealing with family law and succession were brought closer to European civil law.^[21] It has had a significant role in the development of civil law in several East Asian nations including the Republic of Korea and the Republic of China(Taiwan). It remained substantially unchanged even after the American occupation in 1945 except for the fifth (family law) and sixth sections (inheritance law) which were fully revised during the occupation.

Contracts[link]

Japanese contract law is based mostly on the Civil Code, which defines the rights and obligations of the parties in general and in certain types of contract. Kawashima writes that Civil Code theory requires the contractor to "complete the work" of construction at the agreed price, and that until then the contractor bears the risk of all expenses. But he notes that pre-war public works contracts had stipulated a possible shifting of a burden from the contractor to the owner of the works in the event of an act of God, albeit at the discretion of the owner.^[22] Kawashima does not spell out that the contractor will be excused from contractual liability by an act of God under Art 415 of the Code, and the novice needs the guiding hand of academic theory to readily draw that implication from the words of the provision.^[23] Nor does he spell out that the owner is relieved from making payments under art 536(1)—a rule that extends to all "bilateral" contracts, including the contract for work (ukeoi keiyaku).^[24] A reader must then know that the contractual stipulation allowing the discretion to vary the effect of those Code provisions, so that the owner may share some of the loss, is acceptable because those provisions are classified by theorists as "optional rules" (nin-I hoki).^[25]

The "relational contract theory" developed by Uchida from the start of the 1990s identifies the perceived gap between contemporary social practices and the legal values of "classical" (kotenteki) contract law in Japan. Uchida further argues that the Japanese legal system now reveals communitarian values that deviate from the "modern" (kindaiteki) paradigm of values of individualism and freedom, but which should now be seen as normatively appealing.^[26]

Uchida's latest restatement of his theory begins by arguing that contemporary contract law faces problems at two distinct levels: that of contract practice or social reality (standard-form contracts, new "types" of contracts, etc.), and that of contract norms (particularly in the caselaw).^[27] Following Dworkin very closely (while admitting that this particular philosophy of law may be open to challenge), Uchida assumes that the law retains "integrity" (seigosei) at the level of contract law principles.^[28] He then extends six duties emerging through the caselaw on Art 1(2) of the Civil Code, the "principle of good faith" (shingi seijitsu no gensoku): damages for breaking off contractual negotiations, duty to disclose information, duty to renegotiate, duty to mitigate, duty not to terminate contractual relations without good cause, and adjustment in awards of damages. These are seen as expressing an underlying "principle of continuity" in contractual relations that is incompatible with classical or modern contract law.^[29]

Torts[link]

In 1990, the Law and Society Review published an article by Takao Tanase titled "The Management of Disputes: Automobile Accident Compensation in Japan."^[6] It posited that the calculated structuring of governmental and legal processes, not a cultural propensity toward harmonious social relations, accounted for the persistently low litigation rate in that country.^[30]

In Japan in 1986, Tanase observed, fewer than one percent of automobile accidents involving death or an injury resulted in Tort litigation. In the United States, the comparable figure was 21.5 percent. The disparity did not reflect passivity on the part of Japanese accident victims. They commonly made claims based on tort law and they received compensation from negligent drivers and their insurance companies. The litigation rate was low, Tanase said, because Japan provides non-litigious methods of assessing fault, advising victims of their legal rights, determining the appropriate level of compensation, and ensuring payment.^[6]

Tanase described how, before a court case is filed in Japan, contested claims generally are resolved by non-litigious dispute resolution mechanisms. These include Traffic Accident Dispute Resolution Centers, which along with courts, provide mediation services. Claimants can also turn to a network of consultation centers operated by governments, the bar association, and insurance companies. The mediation services and advice centers work effectively because the Japanese judiciary works hard at developing clear, detailed rules that guarantee virtually automatic, predictable, moderate compensation for most accident victims. This contrasts with the American tort system, where the legal rules concerning both liability and non-economic damages ("pain and suffering") are stated in general terms, leaving a great deal to the judgment of constantly rotating lay juries—which in turn makes courtroom outcomes variable and difficult to predict.^[6]

Tanase's article noted that Japanese insurance companies, compared to their American counterparts, have much lower incentives to avoid full legal compensation. This is because the Ministry of Finance regulates insurance firms' rates, guaranteeing a reasonable return, and also established compulsory loss-sharing arrangements among motor vehicle insurers. This made the insurance system more like a quasi-public social insurance program, Tanase argued, guaranteeing moderate benefits for the injured.^[6]

The result was a system that is vastly more efficient and reliable in delivering compensation than the American tort system. Tanase estimated that legal fees comprised only two percent of the total compensation paid to injured persons and that mediating and claims process costs amounted to about 0.2 percent of the total. In the United States, according to a survey in the late 1980s, 24 percent of individuals hurt in motor vehicle accidents involving potential defendants hired a lawyer, and the figure went up to 57 percent for victims with "serious injuries" (fractures, burns, or worse). When the claimant hires a lawyer, the defendant or her insurance company generally employ a lawyer too. In consequence, according to two big studies of motor vehicle accident tort claims (not just lawsuits), payments to lawyers equalled 47 percent of the total personal injury benefits paid by liability insurers to third-party accident victims. This expense drives up the cost of insurance to the point that huge numbers of drivers are uninsured or underinsured, which means that victims of their negligent driving will get little or nothing from the tort system.^[6]

All this makes Japanese bureaucratic legalism look very attractive from a comparative standpoint. But Tanase's 1990 article, foreshadowing his more recent scholarship, questioned whether a legal system that emphasizes bureaucratic smoothness and efficiency, rather than the pursuit of justice and responsiveness to changing values, is all a society should aspire to. The Japanese system, he pointed out, enabled especially aggressive claimants to obtain disproportionately higher compensation. And he feared that the low litigation rate and the emphasis on standardization would result in the stagnation of legal development, since courts were not constantly pushed to consider new arguments and improve the law. Thus, Tanase concluded, "Paradoxically, the very success of the Japanese elite in disarming the legal weaponry of the people inadvertently breeds the seed for its failure: the loss of legitimacy."^[6]

Tanase elaborates on these themes in "The Moral Foundations of Tort Liability," in which he adds an additional threat to the legitimacy of this system. People, he argues, want not only compensation for serious injuries caused by the negligence of others. Just as importantly, they yearn for a more humane, "communitarian" response, "whereby tortfeasors face up to victims and reflect on how they may ease the victims' pain and suffering." Yet one might wonder whether Tanase's concerns, while normatively appealing, were and remain somewhat exaggerated.^[6]

Property[link]

Like several other civil law states, Japan places a great emphasis on the rights of the tenant, and landlords are generally not allowed to unilaterally terminate leases without "just cause", a very narrowly construed concept. Many landlords are forced to "buy out" their tenants if they wish to demolish buildings to make way for new development: one well-known contemporary instance is the Roppongi Hills complex, which offered several previous tenants special deals on apartments.

Despite this emphasis on tenant rights, the government exercises a formidable eminent domain power and can expropriate land for any public purpose as long as reasonable compensation is afforded. This power was famously used in the wake of World War II to dismantle the estates of the defunct peerage system and sell their land to farmers at very cheap rates (one historical reason for agriculture's support of LDP governments). Narita International Airport is another well-known example of eminent domain power in Japan.

Corporate law[link]

Japan's current corporate law is based upon the Commercial Code as amended through December 30, 2005.^[31] Shareholder liability rules generally follow American example. Under Japanese law the basic types of companies are:

• Limited liability partnerships (yūgen sekinin jigyō kumiai)
• Kabushiki kaisha (K.K.), similar to an Anglo-American corporation
• Godo kaisha (GDK), similar to an American limited liability company
• Gōmei kaisha (GMK), similar to an Anglo-American general partnership
• Gōshi kaisha (GSK), similar to an Anglo-American limited partnership

Criminal law[link]

See: Criminal justice system of Japan

History of the Criminal Justice System.

Before the Meiji Era (1867–1912), the powers of imperial family members, or the judges they appointed, possessed a large amount of discretion, which often resulted in the abuse of power. Capital punishment was the main measure of dealing with offenders in the criminal justice system. Under feudalism, authorities frequently used the death penalty against political rivals. However, after the Meiji Era, as Western culture was introduced, the government established new laws reflecting a gradually modernizing Japanese society. In 1907, criminal law and prison law were passed in an effort to bring Japan into line with Western countries. However, the rights of offenders did not become a main issue in the criminal justice system until the post-war period.^[32]

Based on the new Constitution, Criminal Procedure Law was radically changed toward the adoption of an adversarial system. Under this system, the roles of the police, the prosecutor, and the judge changed. Unfortunately, immediately following this innovation, a series of cases resulted in a miscarriage of justice partly because the police were not accustomed to the new system.^[32]

Although a jury system came into force in 1939, it was practically never used because of inflexibility in the ongoing criminal justice system at that time. In addition, professional judges have always enjoyed a high level of trust in Japanese society. After the war, the police began to carry guns instead of sabers, according to the advice of the United States.^[32]

Arguments were frequently made for reforming the main laws such as the Criminal Law (1907), the Juvenile Law (1947) and the Prisons Law (1907). However, plans for reform were controversial because they addressed delicate issues, such as the introduction of protective measures to Criminal Law, juvenile punishment, or the abolition of the practice of imprisoning defendants in police cells. Japanese society is relatively conservative in its approach to reforms and is generally inclined to oppose them. The government attempts to reform older laws by issuing a series of supplements.^[32]

CRIME

1. Classification of Crime.

• Legal classification. The three main categories of crime under the Japanese Criminal Law are crimes against the state, crimes against society and crimes against individuals. This law was passed under the old Constitution which had mainly focused on the power of the emperor and the state. As a result, crimes against the imperial family and the state were highly emphasized. While crimes against the imperial family were abolished after World War II, the fundamental structure of this law was little changed. Since there has been no complete revision of the law, the law remains fairly antiquated on the surface.^[32]

The criminal justice system reflects the state's task of protecting individual interests in daily life. Crimes against life, person, and freedom include homicide, assault, bodily injury, forcible rape, indecent assault, and kidnapping. Crimes against property include theft, fraud, robbery, extortion, and embezzlement. The concept of theft has a very broad meaning and includes burglary, shoplifting, and stealing the goods in a car. Stealing bicycles from in front of railway stations is a typical theft according to criminal statistics. Crimes which significantly cause social disorder, like arson, indecent behavior in the public, and gambling, are usually placed in a category of crimes against society. Bribery is considered a crime against the state.^[32]

• Special laws. Includes firearms and sword control law, laws for regulating business that affects public morals, anti-prostitution laws, anti-organized crime laws, and road traffic laws. There are a large number of traffic offenses, indicating serious problems on roads in Japan. Annually, there are 11,000 deaths caused by traffic accidents. After a controversy involving citizen's freedom of association in 1992, an anti-organized crime law was passed which regulated the activity of Boryokudan crime organizations.^[32]

• Age of criminal responsibility. Persons younger than 20 years of age are legally considered juveniles. According to the Juvenile Law, juvenile cases go to Family court. The court subsequently determines the need to subject the juvenile concerned to protective measures and the most beneficial treatment for the juvenile. Possible measures include placement under the supervision of probation officers, commitment to a child education or training home or a house for dependent children, and commitment to a juvenile training school. The Juvenile Law states that juvenile cases should be in principle separated from adult cases in terms of their future development. Although there are exceptions, juveniles are criminally prosecuted when the case involves a certain punishment in response to a very serious offense.^[32]

• Drug offenses. There are special laws regulating cannabis, narcotics and psychotropics, stimulants and opium. Drug regulations cover punishment for the use, trade, possession, and production of drugs. In the 1990s a new drug regulation was introduced to conform to the standards of the United Nations. Toluene, thinner, and bonding substances are regulated by special law as well. Their abuse is a serious problem among the youth, partly because of their cheap price. Drug abuse in Japanese society largely stems from the use of amphetamine, which is largely imported from other Asian countries. Organized crime is involved in the handling and production of amphetamines and has become rich from this activity.^[32]

2. Crime statistics.

Police, prosecution, court, correction and after-care divisions each publish their own statistics as a yearbook. The Ministry of Justice summarizes their statistics and publishes a book, White Paper on Crime. Because of the nationwide unitary system of these agencies, such a complete portrayal of the crime situation in Japan is possible. The number of reported crimes which follows is derived from the summary of the White Paper on Crime, for 1990.^[32]

• Murder. In 1990, there were 1,238 cases of homicide reported to the police.

• Rape. In 1990, there were 1,548 cases of rape reported to the police.

• Larceny. In 1990, there were 1,444,067 cases of larceny reported to the police.

Intellectual property law[link]

See: Japanese copyright law, Japanese patent law, and Japanese trademark law

Family law[link]

See: Family law in Japan

Employment law[link]

See: Japanese employment law

The individual relationship between employer and employee:

Basics of the Japanese employment law are established in the Japanese Constitution, which was framed in large part with an eye toward the U.S. Constitution. As such, employment laws in Japan are very similar to those in the U.S., and can be divided into three general categories: labor standards, labor relations, and trade unions.^[33] The 'employment' or 'service' contract is recognised under Article 623 of the Japanese Civil Code.^[34] While the term 'labour contract' is not defined under the Labour Standards Law (LSL), to all intents and purposes the courts regard the two as one and the same, and the terms 'labour contract’ and 'employment contract' as interchangeable.^[35] It is through the civil procedure, therefore, that the boundaries of the individual contract have largely been defined by means of a comprehensive body of case law.^[36]

Most terms and conditions of employment are provided by the company's work rules, which may be drawn up and varied unilaterally."Japan", Y. Matsuda, S. J. Deery & R. J. Mitchell (ed), Labour Law & Industrial Relations in Asia, 1993, Longman Cheshire: Sydney, at 175. However, under the LSL, an employer of more than ten persons is required to draw up a set of rules specifying certain conditions of work, including hours, rates of pay, promotion, retirement and dismissal (LSL art. 89). About 42 per cent of the private sector workforce is employed in firms with fewer than ten employees. Consequently, these employers are exempt from the legal obligation to provide formal work rules in respect of their employees.^[37] The LSL also requires the employer to consult with the union, if any, or with a person who represents a majority of the employees in drafting the work rules (LSL art. 89). A copy of the work rules must also be submitted to the Labour Standards Office (LSL art. 90).^[38]

Under the Japanese Constitution, citizens are guaranteed the right to maintain the minimum standards of a wholesome and cultured life (art. 25). These are to be maintained through the right to work (art. 27) and the right to property (art. 29). The Constitution also guarantees certain work-related rights. Wages, hours and other working conditions must be fixed by law (art. 27).^[38]

Under the Industrial Safety and Health Law of 1972 (ISHL), employers bear the major responsibility for the prevention of occupational disease and accident through an integrated scheme of insurance and safety and health management. Furthermore, through the employment contract, employers owe a general duty to take care of their employees’ health and safety—and may be sued for damages for negligence in cases where breach of duty or violation of the statutory regulations has occurred.^[39]

Law enforcement[link]

The national level police organizations are the National Police Safety Commission (NPSC) and the National Police Agency (NPA). Since the NPSC makes basic policy and the NPA administers police affairs, the NPSC has control over the NPA. The NPSC is a governmental body responsible mainly for the administrative supervision of the police and coordination of police administration. It also oversees matters relating to police education, communication, criminal identification, criminal statistics and police equipment. To ensure its independence and neutrality, not even the Prime Minister is empowered to direct and give orders to the NPSC.^[32]

The NPA, which is headed by a Director General, maintains Regional Police Bureaus as its local agencies throughout the country. There are seven bureaus in the major cities, excluding Tokyo and the northern island of Hokkaido. Police law stipulates that each prefectural government, which is a local entity, shall have its own Prefectural Police (PP). The PP is supervised by the Prefectural Public Safety Commission, which carries out all police duties within the boundaries of the prefecture. In practice, the PP forces are located in each of the 47 prefectures. The National Police Academy, the National Research Institute of Police Science and the Imperial Guard Headquarters are also organizations affiliated with the NPA.^[32] In addition, the Koban system provides local residents with safety and peace through daily contacts of police officers with residents in the area. Originally created by the Japanese police, this system has been recently adopted by countries such as Germany and Singapore. However, its success depends on the human relationship between the police officers and the community people. At times, there is an excess of intervention by police. The Koban system rests on approximately 15,000 police boxes (Hasshusho) and residential police boxes (Chuzaisho) located throughout the country.^[32]

Resources.

• Expenditures. There are two types of police budgets: the national budget and the prefectural budget. The national police budget covers the expenditures of the NPA relevant to the execution of duties under its jurisdiction, including personnel costs, expenses incurred by the prefectural police which are shouldered by the state, and subsidies to the PP. Expenditures needed by the PP to carry out their duties are appropriated in the budget of each prefecture. In 1992, the NPA budget totalled 213,464 billion yen and the PP budget totalled 2,992,454 million yen (270 billion USD).^[32]

The total National Police Agency Budget for the 1990 fiscal year was 198,420 billion yen, of which 41.5% (82,282 billion yen) went toward personnel expenses, 14.5% (28,870 billion yen) went toward equipment, communications, and facilities, 18.2% (36,149 billion yen) were allocated toward other expenses, and 25.8% (51,119 billion yen) went toward subsidies for Prefectural Police. In all, 74.2% of the total (147,301 billion yen) went toward NPA expenses.^[32]

• Number of police. The NPA and the PP personnel forces are composed of police officers, officers of the Imperial Guard Headquarters, and civilian employees such as clerical workers and technical engineers. In 1990, there were about 258,800 authorized full-time police personnel. The ratio of police to population is about one officer to 556 citizens. The NPA is composed of approximately 7,600 personnel, of whom 1,200 are police officers, 900 are Imperial Guards and 5,500 are civilian personnel. The 47 PP forces have a total strength of approximately 250,000, of whom 220,000 are police officers and 30,000 are civilians. There are approximately 4,200 female police officers (1.6%), whose role has been growing in importance. In addition, there are about 14,000 female civilians, of whom about 3,100 are traffic control personnel and juvenile guidance personnel engaged in on-the-street juvenile control.^[32]

Technology.

• Availability of police automobiles. Motor vehicles are assigned to all police boxes throughout the country. Because of their mobility, they are useful in handling emergency cases, investigating criminal activity, and enforcing traffic control. As of 1994, there are approximately 26,000 police motor vehicles, including 5,000 patrol cars, 3,000 traffic police motorcycles, 5,000 vehicles employed for criminal investigation and 2,500 transport vehicles. In addition, about 200 police boats and 60 helicopters are assigned to each jurisdiction.^[32]

• Electronic equipment. Network technology includes police telephone circuits, facsimile, an integrated system for police activities, a communication command system and mobile radio system, portable radio sets, a communication satellite, and multi-channel mobile telephone cars.^[32]

• Weapons. After World War II, the United States advised Japanese police to require individual police officers to carry guns, whereas they used to carry only sabers. However, few guns are actually used. One problem is that offenders may initially attack police in order to obtain guns.^[32]

Training and Qualifications

Recruited police officers must immediately attend a three-part training course, consisting of preservice, on-the-job, and a comprehensive training course. Those recruited by the PP are enrolled in a 1-year preservice training course at their respective police academies.^[32]

Discretion

• Confessions. Admissions of testimony in court may not include confessions made under compulsion, torture or threat, or after prolonged detention or confinement. Conviction or punishment cannot be permitted where the only proof against the defendant is his or her own confession.^[32]

Legal professions[link]

Japan recognizes a large number of legal professions, however the number of lawyers is significantly fewer than in the United States. This is due to the fact that Japanese law is based on the Continental European civil law system and a very small number of lawyers (advocates) are complemented by large numbers of civil law notaries and scriveners. Japan introduced a new legal training system in 2004 as part of a justice system reform. The justice system reform has been criticized for failing to incorporate a gender perspective. The purpose of this paper is to examine the impact of the new legal training system on gender issues.^[40] The major professions, each of which has a separate qualification process, include:

• Attorney at law (弁護士, bengoshi^?)
• Registered Attorney at foreign law (外国法事務弁護士, gaikokuhō jimu bengoshi^?, or "gaiben")
• Notary public (公証人, kōshōnin^?)
• Administrative scrivener (行政書士, gyōsei shoshi^?)
• Judicial scrivener (司法書士, shihō shoshi^?)
• Certified public accountant (公認会計士, kōnin kaikeishi^?)
• Certified tax accountant (税理士, zeirishi^?)
• Patent attorney (弁理士, benrishi^?)
• Certified social insurance and labor consultant (社会保険労務士, shakai hoken rōmushi^?)
• Land and House Investigator (土地家屋調査士, tochikaokuchousashi^?)

In-house legal advisors at major corporations are almost entirely unregulated, although there has been a trend in the past decade towards attorneys moving in-house.

Courts and procedure[link]

See: Judicial system of Japan

Japan's court system is divided into four basic tiers, 438 Summary Courts, one District Court in each prefecture, eight High Courts and the Supreme Court. There is also one Family Court tied to each District Court.

1. Rights of the accused.

• Rights of the accused. The Constitution is the source of individual rights in the setting of criminal investigations and trial. Article 31 declares, "No person shall be deprived of life or liberty, nor shall any other penalty be imposed, except according to procedure established by law," which is regarded as the principle of due process. Article 33 covers protection from illegal arrest: "no person shall be arrested except upon a warrant issued by a competent judicial official, which specifies the offense with which a person is charged...,". Article 34 protects persons from illegal confinement and Article 35 protects persons from illegal deprivation of residence and property.^[32]

Provisions directly governing trial proceedings provide that admissions of testimony must be compelling. There are also rights guaranteeing a speedy and public trial, full opportunity to examine all witnesses, and legal counsel by lawyers employed by the state if the accused cannot afford a private lawyer. In addition, a person cannot incur criminal liability if the act was lawful at the time it was committed, and cannot be subject to conviction for the same crime twice (double jeopardy).^[32]

• Assistance to the accused. The state must provide legal counsel if the defendant cannot afford a private lawyer.^[32]

2. Procedures.

• Preparatory procedures for bringing a suspect to trial. Procedure in criminal prosecutions is uniform throughout Japan, and based primarily on the 1948 Code of Criminal Procedure and the 1949 Rules of Criminal Procedure under the Constitutional Law, reflecting Anglo-American legal concepts in contexts important to the protection of human rights. When police investigation is completed, police must refer the matter, including the evidentiary data, immediately to a public prosecutor. If the matter involves confining a suspect, they must refer the case to the public prosecutor within 48 hours of the suspect's arrest after which a determination is made concerning pre-trial detention.^[32]

The jury system has, for all practical purposes, been suspended. There are no procedures equivalent to a guilty plea. That is, even if the defendant acknowledges guilt, the prosecutor must submit evidence to establish guilt. Further, since the Japanese procedural system does not include pre-sentence investigations and reports by probation officers, evidentiary data bearing on the sentencing must be presented by the parties to the case, to be supplemented by the court's own inquiries. In this context, the court is the exclusive trier of fact, which consists of the physical evidence and, when that is the case, the confession of the accused as well as any witnesses testimony.^[32]

• Official who conducts prosecution. Only prosecutors are empowered to institute the prosecution of a criminal case and to direct the enforcement of criminal sentences. They have a large amount of discretion in controlling and directing criminal cases. (Japanese Criminal Procedure Code, Art.248). Accordingly, they have the power to suspend prosecution even when they can prove the offender committed a crime. They can also investigate all categories of criminal cases on their own initiative, without assistance from the police and other law enforcement agencies. Special cases, such as bribery involving highly placed government officials or corporate crimes involving a breach of trust by executives are often investigated by prosecutors. The increasing frequency of the occurrence of these special cases have emphasized the importance of the prosecutor's investigative powers.^[32]

Under the Supreme Public Prosecution Office are 8 higher offices, 50 district offices and 810 local offices. As of 1990, there were about 1,100 prosecutors and 900 assistant public officers, who are all appointed by the central government.^[32]

• Proportion of prosecuted cases going to trial. Japan has a low rate of acquittals and high rate of convictions. In 1988, there were 57,790 accused persons tried in first-instance courts, of which only 50 (0.01%) were found not guilty. Defense lawyers generally prefer the introduction of mitigating circumstantial evidence rather than arguing with the prosecutor. In addition, both practicing lawyers and judges regard criminal cases as being less attractive than other types of cases.^[32]

• Pre-trial incarceration conditions. If the public prosecutor believes that continued detention of the accused is needed, he or she must apply to a judge for a warrant of detention. This warrant must be applied for within 24 hours after police transfer to the prosecutor, or a maximum of 72 hours from the time of arrest.^[32]

If reasonable grounds to detain a suspect exist, the judge must promptly issue a warrant or order of detention at a maximum of 10 days before prosecution is instituted. Reasonable grounds are determined by three criteria: 1) whether the suspect has a fixed dwelling, 2) whether the suspect might destroy evidence and; 3) whether he might flee the jurisdiction.^[32]

Case law[link]

• International Family Law
  • Sweden v. Yamaguchi (Lagerfeld v. Yamaguchi)
  • English summaries of important family law related cases
• Teruki Tsunemoto, Trends in Japanese Constitutional Law Cases: Important Judicial Decisions for 2004, trans. Daryl Takeno, Asian-Pacific Law & Policy Journal
• Teruki Tsunemoto, Trends in Japanese Constitutional Law Cases: Important Legal Precedents for 2005, trans. John Donovan, Yuko Funaki, and Jennifer Shimada, Asian-Pacific Law & Policy Journal
• Teruki Tsunemoto, Trends in Japanese Constitutional Law Cases: Important Legal Precedents for 2006, trans. Asami Miyazawa and Angela Thompson, Asian-Pacific Law & Policy Journal
• Teruki Tsunemoto, Trends in Japanese Constitutional Law Cases: Important Legal Precedents for 2007, trans. Mark A. Levin and Jesse Smith, Asian-Pacific Law & Policy Journal

 This article incorporates public domain material from websites or documents of the Library of Congress Country Studies.

See also[link]

• Constitution of Japan
• Government of Japan
• Human rights in Japan
• Judicial System of Japan
• Juries in Japan
• Legal systems of the world
• Politics of Japan

Specific laws[link]

• Meiji Constitution (superseded)
• Local Autonomy Law
• Peace Preservation Law (superseded)
• Railway Construction Act
• Railway Nationalization Act
• New (2006) Corporations Law

References[link]

1. ^ Malcolm D.Evans. International Law. p. 49. Oxford, 2003. ISBN 0-19-928270-6.
2. ^ This may be shown by reference to some epochal events in Japanese relations with three Korean countries during this period: with Shilla in 205 AD, Paekche in 247 AD and Kogryo, bordering upon North China, in 297 AD as cited by Masaji Chiba, Japan Poh-Ling Tan, (ed), Asian Legal Systems, Butterworths, London, 1997 at 89–90.
3. ^ Masaji Chiba, Japan Poh-Ling Tan, (ed), Asian Legal Systems, Butterworths, London, 1997 at 90.
4. ^ K Zweigert and H Kotz, Introduction to Comparative Law (2nd ed, Vol 1, Oxford, Clarendon press, 1987), pp. 361 and 370–371; R David and J E C Brierley, Major Legal Systems in the World Today, An Introduction to the Comparative Study of Law (2nd ed, London, Stevens and Sons, 1978), pp. 479 and 500.
5. ^ However, Japanese legal and general historians have not overtly affirmed or denied this for two reasons: first, because there are no written records left and, second, because Japanese official history tended to devaluate, or even deny, and Korean influence, cited in Masaji Chiba, Japan Poh-Ling Tan, (ed), Asian Legal Systems, Butterworths, London, 1997 at 90.
6. ^ ^{a b c d e f g h i} Masaji Chiba, Japan Poh-Ling Tan, (ed), Asian Legal Systems, Butterworths, London, 1997 at 91.
7. ^ Translation of "kami" = gods in Shintoism, not only enshrined in Jinja (enshrinement of Shinto gods, worshiped by any group of small local fraternities, local communities or associated believers from different localities) but also deified as governing human affairs and natural occurrences, as cited by Masaji Chiba, "Japan" Poh-Ling Tan, (ed), Asian Legal Systems, Butterworths, London, 1997 at 118.
8. ^ John Owen Haley, Authority Without Power: Law and the Japanese Paradox (Oxford, 1994), ISBN 0-19-509257-0
9. ^ Alfred C. Oppler, Legal Reform in Occupied Japan: A Participant Looks Back (Princeton, 1976)
10. ^ Levin, Mark, Continuities of Legal Consciousness: Professor John Haley's Writings On Twelve Hundred Years of Japanese Legal History (2009). Washington University Global Studies Law Review, Vol. 8, p. 317. Available at SSRN: http://ssrn.com/abstract=1551420.
11. ^ id.; see generally, Daniel Foote ed. Law in Japan: A Turning Point (University of Washington Press, 2007), ISBN 0-295-98731-6.
12. ^ ^{a b} M. Ibusuki, "Japanese Law via the Internet" 2005 http://www.nyulawglobal.org/Globalex/Japan.htm#_Basic_Structure_of_Japanese%20Legal%20S
13. ^ Full text of the Japanese Constitution may be found online at http://www.japaneselawtranslation.go.jp/law/detail/?id=174&vm=02&re=02&new=1
14. ^ ^{a b c d} Masaji Chiba Japan edited by Poh-Ling Tan, "Asian Legal Systems" Butterworths, London, 1997.
15. ^ See Tanaka K, The Japanese Legal System: Introductory Cases and Materials, University of Tokyo Press, Tokyo, 1976, pp. 16–24 for the text. The Constitution gave the legal system its basic structure, composed of several modern legal essentials: that is, national sovereignty, fundamental human rights, separation of powers, a representative government and state-controlled finances.
16. ^ The modern system of Japanese law, together with the process of the transplantation and its socio-cultural background, has been studied by many Western and Japanese scholars. Prominent are von Mehren A T, Law in Japan: The Legal Order in a Changing Society, Harvard University Press, Cambridge, Massachusetts, 1963; Takayanagi K, 'A Century of Innovation: The Development of Japanese Law, 1868–1961' in Law in Japan: The Legal Order in a Changing Society, von Mehren A T (ed), Harvard University Press, Cambridge, Massachusetts, 1963; Tanaka K, The Japanese Legal System: Introductory Cases and Materials, University of Tokyo Press, Tokyo, 1976; Oda H, Japanese Law, Buttworths, London 1992 in English, Murakami J, Einfurung in die Grundlagen des Japanischen Rechts, Wissenschaftliche Buchgesellschaft, Darmstadt, 1974; Igarashi K, Einfurung in das Japanische Recht, Wissenschaftliche Buchgedellschaft, Darmstadt, 1990; Conig et al, Die Japanisierung des Westlichen Rechts, J C B Moor, Tulbingen, 1990; Scholler H (ed), Die Enrwicklung der Rezeption westlichen Rechts auf die sozialen Verhältnisse in der fernöstlichen Rechtskultur, Nomos, Baden-Baden, 1993; Menkhaus H, Das Japanische in Japanischen Recht, Iudicium Verlag, München, 1994 in German; Scheer M K, Japanese Law in Western Languages 1974–1989: A Bibliography, Deutsch-Japanischen Juristenvereinigung, Hamburg, 1993 in both German and English; Centre Francais de Droite Comparé, Etudes de Droit Japonais, Société de Législation Comparé, Paris 1989; Maison du Japon, Boissonade et la Reception du Droit Francais au Japon, Société de Législation Comparé, Paris, 1991; Matsukawa T, La Familé et Droit au Japon, Economica, Paris 1991 in French.
17. ^ E.g., the Commercial Code regulates partnership and the stock company, but the limited liability company is governed by the Limited Liability Company Act of 1938. The relevant Code provisions have been substantially amended as cited in V. Taylor (ed) Asian Laws Through Australian Eyes, 1997, LBC Information Services, Sydney at 38.
18. ^ V. Taylor (ed) Asian Laws Through Australian Eyes, 1997, LBC Information Services, Sydney at 38.
19. ^ T. Morishita Transparency of Japanese Law Project – Group for International Finance Law 2006–2009 Kyushu University http://www.tomeika.jur.kyushu-u.ac.jp/finance/
20. ^ Encyclopædia Britannica Online http://www.britannica.com/EBchecked/topic/301097/Japanese-Civil-Code
21. ^ Encyclopædia Britannica. See in: http://www.britannica.com/EBchecked/topic/301097/Japanese-Civil-Code
22. ^ T Kawashima (C Stephens, trans), The Legal Consciousness of Contract in Japan (1974) 7 Law in Japan 1 cited in V. Taylor (ed) Asian Laws Through Australian Eyes, 1997, LBC Information Services, Sydney at 321
23. ^ Z Kitagawa (gen ed), op cit, s1.14 cited in V. Taylor (ed) Asian Laws Through Australian Eyes, 1997, LBC Information Services, Sydney at 321
24. ^ Z Kitagawa (gen ed), op cit, s1.06 cited in V. Taylor (ed) Asian Laws Through Australian Eyes, 1997, LBC Information Services, Sydney at 321
25. ^ Z Kitagawa (gen ed), op cit, s1.07(4)(a) cited in V. Taylor (ed) Asian Laws Through Australian Eyes, 1997, LBC Information Services, Sydney at 321.
26. ^ In English, see T Uchida, "The New Development of Contract Law and General Clauses – A Japanese Perspective" in The Organizing Committee (ed), Proceedings of the Symposium: Japanese and Dutch Laws Compared (Tokyo, University of Tokyo Centre for Comparative Law and Politics Institute of Comparative Law, 1993), p. 119, cited in V. Taylor (ed) Asian Laws Through Australian Eyes, 1997, LBC Information Services, Sydney at 323.
27. ^ T Uchida, Gendai keiyakuho no aratana riron no kenkyu (Research on a New Theory of Contemporary Contract Law) (1994) 65/5 Horitsu jiho 28. Most aspects of his theory were clearly signaled in T Uchida, Keiyaku no saisei (The Rebirth of Contract), (Tokyo, Kobundo, 1990), cited in V. Taylor (ed) Asian Laws Through Australian Eyes, 1997, LBC Information Services, Sydney at 323–4
28. ^ R Dworkin, Law's Empire (Cambridge Mass, Harvard University Press, 1986), cited in V. Taylor (ed) Asian Laws Through Australian Eyes, 1997, LBC Information Services, Sydney at 324.
29. ^ V. Taylor (ed) Asian Laws Through Australian Eyes, 1997, LBC Information Services, Sydney at 324. See further pp. 324–337.
30. ^ R. Kagan On the Routinization of Tort Claims: Takao Tanase's "The Management of Disputes" This paper was presented at a Sho Sato Conference held on February 12–13, 2005 at Boalt Hall School of Law, University of California, Berkeley.
31. ^ Original text at http://www.ron.gr.jp/law/law/syouhou1.htm
32. ^ ^{a b c d e f g h i j k l m n o p q r s t u v w x y z aa ab ac ad ae} T. Moriyama, World Factbook of Criminal Justice Systems—Japan, Takushoku University, http://www.ojp.usdoj.gov/bjs/pub/ascii/wfbcjjap.txt
33. ^ Curtis Seubert: Japanese Employment Laws.
34. ^ Antnio Augusto Cancado Trinidade. International Law for Humankind. Boston, 2003. ISBN 978-90-04-18428-2
35. ^ "Japan", Y. Matsuda, S. J. Deery & R. J. Mitchell (ed), Labour Law & Industrial Relations in Asia, 1993, Longman Cheshire: Sydney, at 175.
36. ^ "Japan", Y. Matsuda, S. J. Deery & R. J. Mitchell (ed), Labour Law & Industrial Relations in Asia, 1993, Longman Cheshire: Sydney, at 175.
37. ^ Chalmers, N. (1989) Industrial Relations in Japan: The Peripheral Workforce, Routledge, London, at 102, cited in "Japan", Y. Matsuda, S. J. Deery & R. J. Mitchell (ed), Labour Law & Industrial Relations in Asia, 1993, Longman Cheshire: Sydney, at 175.
38. ^ ^{a b} "Japan", Y. Matsuda, S. J. Deery & R. J. Mitchell (ed), Labour Law & Industrial Relations in Asia, 1993, Longman Cheshire: Sydney, at 175.
39. ^ Self-Defence Force case, Sup. Ct., 3rd Small Bench, February 25, 1975, Minshu, vol. 29, no. 2, p. 143 as cited by Y. Matsuda, S. J. Deery & R. J. Mitchell (ed), Labour Law & Industrial Relations in Asia, 1993, Longman Cheshire: Sydney, at 177.
40. ^ Osaka, Eri. "Gender Issues in the Legal Profession and Legal Education in Japan" Paper presented at the annual meeting of the The Law and Society Association, Hilton Bonaventure, Montreal, Quebec, Canada, May 27, 2008.

,

Further reading[link]

• Foote ed. Law in Japan: A Turning Point (University of Washington Press, 2007), ISBN 0-295-98731-6
• Port and McAlinn, Comparative Law: Law and the Legal Process in Japan (Carolina Academic Press, 2003), ISBN 0-89089-464-7
• Milhaupt et al., Japanese Law in Context: Readings in Society, the Economy, and Politics (Harvard, 2001), ISBN 0-674-00519-8
• Oda, Japanese Law (Oxford, 2001), ISBN 0-19-924810-9
• Ramseyer and Nakazato, Japanese Law: An Economic Approach (Chicago, 2000), ISBN 0-226-70385-1
• Oda, Basic Japanese Laws (Oxford, 1997), ISBN 0-19-825686-8
• Haley, Authority Without Power: Law and the Japanese Paradox (Oxford, 1994), ISBN 0-19-509257-0
• Francisco Barberán & Rafael Domingo Osle, Código civil japonés. Estudio preliminar, traducción y notas (2 ed. Thomson-Aranzadi, 2006), ISBN 978-84-9767-632-8.

External links[link]

• Japanese Law Translation by the Ministry of Justice (Japanese Law Translation Database System in English)
• Transparancy of Japanese Law Project (contains the overview and court cases in various areas)
  • Contract Law
  • Company Act
  • Intellectual Property Law
  • Insolvency Law
  • Arbitration Law
  • International Judicial Jurisdiction, Recognition and Enforcement of Foreign Judgments
• Supreme Court of Japan (about judicial system, judicial statistics, court procedure, court cases, judicial training system, etc.)
• Ministry of Justice (Civil Affairs Bureau, Criminal Affairs Bureau, Correction Bureau, Rehabilitation Bureau, Human Rights Bureau, Immigration Bureau, Public Prosecutors Office, etc. Also contains annual "White Paper on crime")
• Intellectual Property High Court
• Japan Patent Office
• Labor law (in English)—includes Worker Dispatch law
• Laws & Regulations on Setting Up Business in Japan: Human Resource Management (JETRO)
• Ono,Shusei "A Comparative Study of the Transfer of Property Rights in Japanese Civil Law(1)"
• Japanese Wikipedia article on "List of Japanese laws" (contains links to many key Japanese laws)
• Links on Japanese law
• Japanese Family Laws in English and Japanese
• Summaries of major court cases
• National Police Agency
• The Reluctant Japanese Litigant: A new assessment, discussion paper by Masayuki Yoshida in the electronic journal of contemporary japanese studies, 13 October 2003.
• The Australian Network for Japanese Law (ANJeL)
• Columbia Law School's Center for Japanese Legal Studies(CJLS)

State of Japan 日本国 Nippon-koku Nihon-koku
Flag Imperial Seal
Anthem:  Kimigayo (君が代)
Government Seal of Japan 五七桐 (Go-Shichi no Kiri?)
Capital (and largest city)		Tokyo (de facto) 35°41′N 139°46′E / 35.683°N 139.767°E / 35.683; 139.767
Official language(s)		None[1]
Recognised regional languages		Aynu itak, Ryukyuan languages, Eastern Japanese, Western Japanese, and several other Japanese dialects
National language		Japanese
Ethnic groups		98.5% Japanese, 0.5% Korean, 0.4% Chinese, 0.6% other[2]
Demonym		Japanese
Government		Unitary parliamentary democracy and constitutional monarchy
-	Emperor	Akihito
-	Prime Minister	Yoshihiko Noda
Legislature		Diet
-	Upper house	House of Councillors
-	Lower house	House of Representatives
Formation
-	National Foundation Day	11 February 660 BC[3]
-	Meiji Constitution	29 November 1890
-	Current constitution	3 May 1947
-	Treaty of San Francisco	28 April 1952
Area
-	Total	377,944 km2 [4](62nd) 145,925 sq mi
-	Water (%)	0.8
Population
-	2011 estimate	127,799,000[5] (10th)
-	2010 census	128,056,026[6]
-	Density	337.1/km2 (36th) 873.1/sq mi
GDP (PPP)		2011 estimate
-	Total	$4.440 trillion[7] (4th)
-	Per capita	$34,739[7] (25th)
GDP (nominal)		2011 estimate
-	Total	$5.869 trillion[7] (3rd)
-	Per capita	$45,920[7] (18th)
Gini		37.6 (2008)[8]
HDI (2011)		0.901[9] (very high) (12th)
Currency		Yen (¥) / En (円 or 圓) (JPY)
Time zone		JST (UTC+9)
-	Summer (DST)	not observed (UTC+9)
Date formats		yyyy-mm-dd yyyy年m月d日 Era yy年m月d日 (CE−1988)
Drives on the		left
ISO 3166 code		JP
Internet TLD		.jp
Calling code		81

This article contains Japanese text. Without proper rendering support, you may see question marks, boxes, or other symbols instead of kanji and kana.

Japan ⁱ/dʒəˈpæn/ (Japanese: 日本 Nihon or Nippon; formally 日本国  Nippon-koku or Nihon-koku, literally the State of Japan) is an island nation in East Asia. Located in the Pacific Ocean, it lies to the east of the Sea of Japan, China, North Korea, South Korea and Russia, stretching from the Sea of Okhotsk in the north to the East China Sea and Taiwan in the south. The characters that make up Japan's name mean "sun-origin", which is why Japan is sometimes referred to as the "Land of the Rising Sun".

Japan is an archipelago of 6,852 islands. The four largest islands are Honshū, Hokkaidō, Kyūshū and Shikoku, together accounting for ninety-seven percent of Japan's land area. Japan has the world's tenth-largest population, with over 127 million people. The Greater Tokyo Area, which includes the de facto capital city of Tokyo and several surrounding prefectures, is the largest metropolitan area in the world, with over 30 million residents.

Archaeological research indicates that people lived in Japan as early as the Upper Paleolithic period. The first written mention of Japan is in Chinese history texts from the 1st century AD. Influence from other nations followed by long periods of isolation has characterized Japan's history. In the late 19th and early 20th centuries, victory in the First Sino-Japanese War, the Russo-Japanese War and World War I allowed Japan to expand its empire during a period of increasing militarism. The Second Sino-Japanese War of 1937 expanded into part of World War II in 1941, which came to an end in 1945 following the atomic bombings of Hiroshima and Nagasaki. Since adopting its revised constitution in 1947, Japan has maintained a unitary constitutional monarchy with an emperor and an elected parliament called the Diet.

A major economic power,^[2] Japan has the world's third-largest economy by nominal GDP and fourth-largest economy by purchasing power parity. It is also the world's fourth-largest exporter and fourth-largest importer. Although Japan has officially renounced its right to declare war, it maintains a modern military force in self-defense and peacekeeping roles. After Singapore, Japan has the lowest homicide rate (including attempted homicide) in the world.^[10] According to both UN and WHO estimates, Japan has the longest life expectancy of any country in the world. According to the UN, it has the third lowest infant mortality rate.^[11][12]

Etymology[link]

The English word Japan is an exonym. The Japanese names for Japan are Nippon (にっぽん^?)  listen (help·info) and Nihon (にほん^?)  listen (help·info); both names are written using the kanji 日本. The Japanese name Nippon is used for most official purposes, including on Japanese yen, postage stamps, and for many international sporting events. Nihon is a more casual term and is used in contemporary speech.

Japanese people refer to themselves as Nihonjin (日本人^?) and to their language as Nihongo (日本語^?). Both Nippon and Nihon mean "sun-origin" and are often translated as Land of the Rising Sun. This nomenclature comes from Japanese missions to Imperial China and refers to Japan's eastward position relative to China. Before Nihon came into official use, Japan was known as Wa (倭^?) or Wakoku (倭国^?).^[13]

The English word for Japan came to the West via early trade routes. The early Mandarin or possibly Wu Chinese (吳語) word for Japan was recorded by Marco Polo as Cipangu. In modern Shanghainese, a Wu dialect, the pronunciation of characters 日本 'Japan' is Zeppen [zəʔpən]. The old Malay word for Japan, Jepang, was borrowed from a Chinese language – Jih'pen'kuo^[14]—, and this Malay word was encountered by Portuguese traders in Malacca in the 16th century. Portuguese traders were the first to bring the word to Europe.^[15] It was first recorded in English in a 1565 letter, spelled Giapan.^[16]

History[link]

Prehistory and ancient history[link]

The Golden Hall and five-storey pagoda of Hōryū-ji, among the oldest wooden buildings in the world, National Treasures, and a UNESCO World Heritage Site

A Paleolithic culture around 30,000 BC constitutes the first known habitation of the Japanese archipelago. This was followed from around 14,000 BC (the start of the Jōmon period) by a Mesolithic to Neolithic semi-sedentary hunter-gatherer culture, who include ancestors of both the contemporary Ainu people and Yamato people,^[17][18] characterized by pit dwelling and rudimentary agriculture.^[19] Decorated clay vessels from this period are some of the oldest surviving examples of pottery in the world. Around 300 BC, the Yayoi people began to enter the Japanese islands, intermingling with the Jōmon.^[20] The Yayoi period, starting around 500 BC, saw the introduction of practices like wet-rice farming,^[21] a new style of pottery,^[22] and metallurgy, introduced from China and Korea.^[23]

Japan first appears in written history in the Chinese Book of Han.^[24] According to the Records of the Three Kingdoms, the most powerful kingdom on the archipelago during the 3rd century was called Yamataikoku. Buddhism was first introduced to Japan from Baekje of Korea, but the subsequent development of Japanese Buddhism was primarily influenced by China.^[25] Despite early resistance, Buddhism was promoted by the ruling class and gained widespread acceptance beginning in the Asuka period (592–710).^[26]

The Nara period (710–784) of the 8th century marked the emergence of a strong Japanese state, centered on an imperial court in Heijō-kyō (modern Nara). The Nara period is characterized by the appearance of a nascent literature as well as the development of Buddhist-inspired art and architecture.^[27] The smallpox epidemic of 735–737 is believed to have killed as much as one-third of Japan's population.^[28] In 784, Emperor Kammu moved the capital from Nara to Nagaoka-kyō before relocating it to Heian-kyō (modern Kyoto) in 794.

Byōdō-in (1053) is a temple of Pure Land Buddhism. It was registered to the UNESCO World Heritage Site.

This marked the beginning of the Heian period (794–1185), during which a distinctly indigenous Japanese culture emerged, noted for its art, poetry and prose. Lady Murasaki's The Tale of Genji and the lyrics of Japan's national anthem Kimigayo were written during this time.^[29]

Buddhism began to spread during the Heian era chiefly through two major sects, Tendai by Saichō, and Shingon by Kūkai. Pure Land Buddhism greatly becomes popular in the latter half of the 11th century.

Feudal era[link]

Japan's feudal era was characterized by the emergence and dominance of a ruling class of warriors, the samurai. In 1185, following the defeat of the Taira clan, sung in the epic Tale of Heike, samurai Minamoto no Yoritomo was appointed shogun and established a base of power in Kamakura. After his death, the Hōjō clan came to power as regents for the shoguns. The Zen school of Buddhism was introduced from China in the Kamakura period (1185–1333) and became popular among the samurai class.^[30] The Kamakura shogunate repelled Mongol invasions in 1274 and 1281, but was eventually overthrown by Emperor Go-Daigo. Go-Daigo was himself defeated by Ashikaga Takauji in 1336.

Ginkaku-ji in Kyoto (Higashiyama period in Muromachi Period, c. 1489). It was registered as part of the UNESCO World Heritage Site "Historic Monuments of Ancient Kyoto".

Ashikaga Takauji establishes the shogunate in Muromachi, Kyoto. It is a start of Muromachi Period (1336–1573). The Ashikaga shogunate receives glory in the age of Ashikaga Yoshimitsu, and the culture based on Zen Buddhism (art of Miyabi) has prospered. It evolves to Higashiyama Culture, and has prospered until the 16th century. On the other hand, the succeeding Ashikaga shogunate failed to control the feudal warlords (daimyo), and a civil war (the Ōnin War) began in 1467, opening the century-long Sengoku period ("Warring States").^[31]

During the 16th century, traders and Jesuit missionaries from Portugal reached Japan for the first time, initiating direct commercial and cultural exchange between Japan and the West. Oda Nobunaga conquered many other daimyo using European technology and firearms; after he was assassinated in 1582, his successor Toyotomi Hideyoshi unified the nation in 1590. Hideyoshi invaded Korea twice, but following defeats by Korean and Ming Chinese forces and Hideyoshi's death, Japanese troops were withdrawn in 1598.^[32] This age is called Azuchi-Momoyama Period (1573–1603).

Tokugawa Ieyasu served as regent for Hideyoshi's son and used his position to gain political and military support. When open war broke out, he defeated rival clans in the Battle of Sekigahara in 1600. Ieyasu was appointed shogun in 1603 and established the Tokugawa shogunate at Edo (modern Tokyo).^[33] The Tokugawa shogunate enacted measures including buke shohatto, as a code of conduct to control the autonomous daimyo;^[34] and in 1639, the isolationist sakoku ("closed country") policy that spanned the two and a half centuries of tenuous political unity known as the Edo period (1603–1868).^[35] The study of Western sciences, known as rangaku, continued through contact with the Dutch enclave at Dejima in Nagasaki. The Edo period also gave rise to kokugaku ("national studies"), the study of Japan by the Japanese.^[36]

Modern era[link]

On 31 March 1854, Commodore Matthew Perry and the "Black Ships" of the United States Navy forced the opening of Japan to the outside world with the Convention of Kanagawa. Subsequent similar treaties with Western countries in the Bakumatsu period brought economic and political crises. The resignation of the shogun led to the Boshin War and the establishment of a centralized state nominally unified under the Emperor (the Meiji Restoration).^[37]

Adopting Western political, judicial and military institutions, the Cabinet organized the Privy Council, introduced the Meiji Constitution, and assembled the Imperial Diet. The Meiji Restoration transformed the Empire of Japan into an industrialized world power that pursued military conflict to expand its sphere of influence. After victories in the First Sino-Japanese War (1894–1895) and the Russo-Japanese War (1904–1905), Japan gained control of Taiwan, Korea, and the southern half of Sakhalin.^[38] Japan's population grew from 35 million in 1873 to 70 million in 1935.^[39]

The Meiji Emperor (1868–1912), in whose name imperial rule was restored at the end of the Tokugawa shogunate

The early 20th century saw a brief period of "Taishō democracy" overshadowed by increasing expansionism and militarization. World War I enabled Japan, on the side of the victorious Allies, to widen its influence and territorial holdings. It continued its expansionist policy by occupying Manchuria in 1931; as a result of international condemnation of this occupation, Japan resigned from the League of Nations two years later. In 1936, Japan signed the Anti-Comintern Pact with Nazi Germany, and the 1940 Tripartite Pact made it one of the Axis Powers.^[40] In 1941, Japan negotiated the Soviet–Japanese Neutrality Pact.^[41]

The Empire of Japan invaded other parts of China in 1937, precipitating the Second Sino-Japanese War (1937–1945). In 1940, the Empire then invaded French Indochina, after which the United States placed an oil embargo on Japan.^[42] On December 7, 1941, Japan attacked the US naval base at Pearl Harbor and declared war, bringing the US into World War II.^[43][44] After the Soviet invasion of Manchuria and the atomic bombings of Hiroshima and Nagasaki in 1945, Japan agreed to an unconditional surrender on 15 August.^[45] The war cost Japan and the rest of the Greater East Asia Co-Prosperity Sphere millions of lives and left much of the nation's industry and infrastructure destroyed. The Allies (led by the US) repatriated millions of ethnic Japanese from colonies and military camps throughout Asia, largely eliminating the Japanese empire and restoring the independence of its conquered territories.^[46] The Allies also convened the International Military Tribunal for the Far East on May 3, 1946 to prosecute some Japanese leaders for war crimes. However, the bacteriological research units and members of the imperial family involved in the war were exonerated from criminal prosecutions by the Supreme Allied Commander despite calls for trials for both groups.^[47]

In 1947, Japan adopted a new constitution emphasizing liberal democratic practices. The Allied occupation ended with the Treaty of San Francisco in 1952^[48] and Japan was granted membership in the United Nations in 1956. Japan later achieved rapid growth to become the second-largest economy in the world, until surpassed by China in 2010. This ended in the mid-1990s when Japan suffered a major recession. In the beginning of the 21st century, positive growth has signaled a gradual economic recovery.^[49] On 11 March 2011, Japan suffered the strongest earthquake in its recorded history; this triggered the Fukushima Daiichi nuclear disaster, one of the worst disasters in the history of nuclear power.^[50]

Politics[link]

Emperor Akihito and Empress Michiko

Japan is a constitutional monarchy where the power of the Emperor is very limited. As a ceremonial figurehead, he is defined by the constitution as "the symbol of the state and of the unity of the people". Power is held chiefly by the Prime Minister of Japan and other elected members of the Diet, while sovereignty is vested in the Japanese people.^[51] Akihito is the current Emperor of Japan; Naruhito, Crown Prince of Japan, stands as next in line to the throne.

Japan's legislative organ is the National Diet, a bicameral parliament. The Diet consists of a House of Representatives with 480 seats, elected by popular vote every four years or when dissolved, and a House of Councillors of 242 seats, whose popularly elected members serve six-year terms. There is universal suffrage for adults over 20 years of age,^[2] with a secret ballot for all elected offices.^[51] In 2009, the social liberal Democratic Party of Japan took power after 54 years of the liberal conservative Liberal Democratic Party's rule.^[52]

The Prime Minister of Japan is the head of government and is appointed by the Emperor after being designated by the Diet from among its members. The Prime Minister is the head of the Cabinet and appoints and dismisses the Ministers of State. Naoto Kan was designated by the Diet to replace Yukio Hatoyama as the Prime Minister of Japan on June 2, 2010.^[53] Although the Prime Minister is formally appointed by the Emperor, the Constitution of Japan explicitly requires the Emperor to appoint whoever is designated by the Diet. Emperor Akihito formally appointed Kan as the country's 94th Prime Minister on 8 June.^[54]

Historically influenced by Chinese law, the Japanese legal system developed independently during the Edo period through texts such as Kujikata Osadamegaki.^[55] However, since the late 19th century the judicial system has been largely based on the civil law of Europe, notably Germany. For example, in 1896, the Japanese government established a civil code based on a draft of the German Bürgerliches Gesetzbuch; with post–World War II modifications, the code remains in effect.^[56] Statutory law originates in Japan's legislature and has the rubber stamp of the Emperor. The Constitution requires that the Emperor promulgate legislation passed by the Diet, without specifically giving him the power to oppose legislation.^[51] Japan's court system is divided into four basic tiers: the Supreme Court and three levels of lower courts.^[57] The main body of Japanese statutory law is called the Six Codes.^[58]

Foreign relations and military[link]

JDS Kongō (DDG-173) guided missile destroyer launching a Standard Missile 3 anti-ballistic missile.

Japan is a member of the G8, APEC, and "ASEAN Plus Three", and is a participant in the East Asia Summit. Japan signed a security pact with Australia in March 2007^[59] and with India in October 2008.^[60] It is the world's third largest donor of official development assistance after the United States and France, donating US$9.48 billion in 2009.^[61]

Japan has close economic and military relations with the United States; the US-Japan security alliance acts as the cornerstone of the nation's foreign policy.^[62] A member state of the United Nations since 1956, Japan has served as a non-permanent Security Council member for a total of 19 years, most recently for 2009 and 2010. It is one of the G4 nations seeking permanent membership in the Security Council.^[63]

Japan is engaged in several territorial disputes with its neighbors: with Russia over the South Kuril Islands, with South Korea over the Liancourt Rocks, with China and Taiwan over the Senkaku Islands, and with China over the EEZ around Okinotorishima.^[64] Japan also faces an ongoing dispute with North Korea over the latter's abduction of Japanese citizens and its nuclear weapons and missile program (see also Six-party talks).^[65]

Japan maintains one of the largest military budgets of any country in the world.^[66] Japan contributed non-combatant troops to the Iraq War but subsequently withdrew its forces.^[67] The Japan Maritime Self-Defense Force is a regular participant in RIMPAC maritime exercises.^[68]

Japan's military is restricted by Article 9 of the Japanese Constitution, which renounces Japan's right to declare war or use military force in international disputes. Japan's military is governed by the Ministry of Defense, and primarily consists of the Japan Ground Self-Defense Force (JGSDF), the Japan Maritime Self-Defense Force (JMSDF) and the Japan Air Self-Defense Force (JASDF). The forces have been recently used in peacekeeping operations; the deployment of troops to Iraq marked the first overseas use of Japan's military since World War II.^[67] Nippon Keidanren has called on the government to lift the ban on arms exports so that Japan can join multinational projects such as the Joint Strike Fighter.^[69]

Administrative divisions[link]

Japan consists of forty-seven prefectures, each overseen by an elected governor, legislature and administrative bureaucracy. Each prefecture is further divided into cities, towns and villages.^[70] The nation is currently undergoing administrative reorganization by merging many of the cities, towns and villages with each other. This process will reduce the number of sub-prefecture administrative regions and is expected to cut administrative costs.^[71]

Geography[link]

Topographic map of the Japanese Archipelago.

Hanami celebrations under the cherry blossoms in Ueno Park, Tokyo.

Autumn maple leaves (momiji) at Kongōbu-ji on Mount Kōya, a UNESCO World Heritage Site.

Japan has a total of 6,852 islands extending along the Pacific coast of East Asia.^[72][73] The country, including all of the islands it controls, lies between latitudes 24° and 46°N, and longitudes 122° and 146°E. The main islands, from north to south, are Hokkaidō, Honshū, Shikoku and Kyūshū. The Ryūkyū Islands, including Okinawa, are a chain to the south of Kyūshū. Together they are often known as the Japanese Archipelago.^[74]

About 73 percent of Japan is forested, mountainous, and unsuitable for agricultural, industrial, or residential use.^[2][75] As a result, the habitable zones, mainly located in coastal areas, have extremely high population densities. Japan is one of the most densely populated countries in the world.^[76]

The islands of Japan are located in a volcanic zone on the Pacific Ring of Fire. They are primarily the result of large oceanic movements occurring over hundreds of millions of years from the mid-Silurian to the Pleistocene as a result of the subduction of the Philippine Sea Plate beneath the continental Amurian Plate and Okinawa Plate to the south, and subduction of the Pacific Plate under the Okhotsk Plate to the north. Japan was originally attached to the eastern coast of the Eurasian continent. The subducting plates pulled Japan eastward, opening the Sea of Japan around 15 million years ago.^[77]

Japan has 108 active volcanoes. Destructive earthquakes, often resulting in tsunami, occur several times each century.^[78] The 1923 Tokyo earthquake killed over 140,000 people.^[79] More recent major quakes are the 1995 Great Hanshin earthquake and the 2011 Tōhoku earthquake, a 9.0-magnitude^[80] quake which hit Japan on 11 March 2011, and triggered a large tsunami.^[50] On 24 May 2012, 6.1 magnitude earthquake struck off the coast of northearstern Japan.No tsunami is expected though.^[81]

Climate[link]

The climate of Japan is predominantly temperate, but varies greatly from north to south. Japan's geographical features divide it into six principal climatic zones: Hokkaidō, Sea of Japan, Central Highland, Seto Inland Sea, Pacific Ocean, and Ryūkyū Islands. The northernmost zone, Hokkaido, has a humid continental climate with long, cold winters and very warm to cool summers. Precipitation is not heavy, but the islands usually develop deep snowbanks in the winter.^[82]

In the Sea of Japan zone on Honshū's west coast, northwest winter winds bring heavy snowfall. In the summer, the region is cooler than the Pacific area, though it sometimes experiences extremely hot temperatures because of the foehn wind. The Central Highland has a typical inland humid continental climate, with large temperature differences between summer and winter, and between day and night; precipitation is light, though winters are usually snowy. The mountains of the Chūgoku and Shikoku regions shelter the Seto Inland Sea from seasonal winds, bringing mild weather year-round.^[83]

The Pacific coast features a humid subtropical climate that experiences milder winters with occasional snowfall and hot, humid summers because of the southeast seasonal wind. The Ryukyu Islands have a subtropical climate, with warm winters and hot summers. Precipitation is very heavy, especially during the rainy season. The generally humid, temperate climate exhibits marked seasonal variation such as the blooming of the spring cherry blossoms, the calls of the summer cicada and fall foliage colors that are celebrated in art and literature.^[84]

The average winter temperature in Japan is 5.1 °C (41.2 °F) and the average summer temperature is 25.2 °C (77.4 °F).^[85] The highest temperature ever measured in Japan—40.9 °C (105.6 °F)—was recorded on 16 August 2007.^[86] The main rainy season begins in early May in Okinawa, and the rain front gradually moves north until reaching Hokkaidō in late July. In most of Honshū, the rainy season begins before the middle of June and lasts about six weeks. In late summer and early autumn, typhoons often bring heavy rain.^[87]

Biodiversity[link]

Japan has nine forest ecoregions which reflect the climate and geography of the islands. They range from subtropical moist broadleaf forests in the Ryūkyū and Bonin Islands, to temperate broadleaf and mixed forests in the mild climate regions of the main islands, to temperate coniferous forests in the cold, winter portions of the northern islands.^[88] Japan has over 90,000 species of wildlife, including the brown bear, the Japanese macaque, the Japanese raccoon dog, and the Japanese giant salamander.^[89] A large network of national parks has been established to protect important areas of flora and fauna as well as thirty-seven Ramsar wetland sites.^[90][91]

Environment[link]

In the period of rapid economic growth after World War II, environmental policies were downplayed by the government and industrial corporations; as a result, environmental pollution was widespread in the 1950s and 1960s. Responding to rising concern about the problem, the government introduced several environmental protection laws in 1970.^[92] The oil crisis in 1973 also encouraged the efficient use of energy due to Japan's lack of natural resources.^[93] Current environmental issues include urban air pollution (NOx, suspended particulate matter, and toxics), waste management, water eutrophication, nature conservation, climate change, chemical management and international co-operation for conservation.^[94]

Japan is one of the world's leaders in the development of new environment-friendly technologies, and is ranked 20th best in the world in the 2010 Environmental Performance Index.^[95] As a signatory of the Kyoto Protocol, and host of the 1997 conference which created it, Japan is under treaty obligation to reduce its carbon dioxide emissions and to take other steps to curb climate change.^[96]

Economy[link]

The Tokyo Stock Exchange, the largest stock exchange in Asia.^[97]

Some of the structural features for Japan's economic growth developed in the Edo period, such as the network of transport routes, by road and water, and the futures contracts, banking and insurance of the Osaka rice brokers.^[98] During the Meiji period from 1868, Japan expanded economically with the embrace of the market economy.^[99] Many of today's enterprises were founded at the time, and Japan emerged as the most developed nation in Asia.^[100] The period of overall real economic growth from the 1960s to the 1980s has been called the Japanese post-war economic miracle: it averaged 7.5 percent in the 1960s and 1970s, and 3.2 percent in the 1980s and early 1990s.^[101]

Growth slowed markedly in the 1990s during what the Japanese call the Lost Decade, largely because of the after-effects of the Japanese asset price bubble and domestic policies intended to wring speculative excesses from the stock and real estate markets. Government efforts to revive economic growth met with little success and were further hampered by the global slowdown in 2000.^[2] The economy showed strong signs of recovery after 2005; GDP growth for that year was 2.8 percent, surpassing the growth rates of the US and European Union during the same period.^[102]

As of 2011^[update], Japan is the third largest national economy in the world, after the United States and China, in terms of nominal GDP,^[103] and the fourth largest national economy in the world, after the United States, China and India in terms of purchasing power parity.^[7] As of January 2011^[update], Japan's public debt was more than 200 percent of its annual gross domestic product, the largest of any nation in the world. In August 2011, Moody's rating has cut Japan's long-term sovereign debt rating one notch from Aa3 to Aa2 inline with the size of the country's deficit and borrowing level. The large budget deficits and government debt since the 2009 global recession and followed by earthquake and tsunami in March 2011 made the rating downgrade.^[104] The service sector accounts for three quarters of the gross domestic product.^[105]

Japan has a large industrial capacity, and is home to some of the largest and most technologically advanced producers of motor vehicles, electronics, machine tools, steel and nonferrous metals, ships, chemical substances, textiles, and processed foods. Agricultural businesses in Japan cultivate 13 percent of Japan's land, and Japan accounts for nearly 15 percent of the global fish catch, second only to China.^[2] As of 2010, Japan's labor force consisted of some 65.9 million workers.^[106] Japan has a low unemployment rate of around four percent. Almost one in six Japanese, or 20 million people, lived in poverty in 2007.^[107] Housing in Japan is characterized by limited land supply in urban areas.^[108]

A plug-in hybrid car manufactured by Toyota, one of the world's largest carmakers. Japan is the second-largest producer of automobiles in the world.^[109]

Japan's exports amounted to US$4,210 per capita in 2005. Japan's main export markets are China (18.88 percent), the United States (16.42 percent), South Korea (8.13 percent), Taiwan (6.27 percent) and Hong Kong (5.49 percent) as of 2009. Its main exports are transportation equipment, motor vehicles, electronics, electrical machinery and chemicals.^[2] Japan's main import markets as of 2009 are China (22.2 percent), the US (10.96 percent), Australia (6.29 percent), Saudi Arabia (5.29 percent), United Arab Emirates (4.12 percent), South Korea (3.98 percent) and Indonesia (3.95 percent).^[110]

Japan's main imports are machinery and equipment, fossil fuels, foodstuffs (in particular beef), chemicals, textiles and raw materials for its industries.^[111] By market share measures, domestic markets are the least open of any OECD country.^[112] Junichiro Koizumi's administration began some pro-competition reforms, and foreign investment in Japan has soared.^[113]

Japan ranks 12th of 178 countries in the 2008 Ease of Doing Business Index and has one of the smallest tax revenues of the developed world. The Japanese variant of capitalism has many distinct features: keiretsu enterprises are influential, and lifetime employment and seniority-based career advancement are relatively common in the Japanese work environment.^[112][114] Japanese companies are known for management methods like "The Toyota Way", and shareholder activism is rare.^[115]