The legal system of Japan
German-influenced codes from the Meiji era, overlaid after 1945 with American constitutional and procedural concepts. The result is a codified system with judicial review, a bill of rights and a lay-judge (saiban-in) element in serious criminal trials.
Legal tradition
Japan belongs to the civil law with common-law influence tradition. German-influenced codes from the Meiji era, overlaid after 1945 with American constitutional and procedural concepts. The result is a codified system with judicial review, a bill of rights and a lay-judge (saiban-in) element in serious criminal trials.
How power is divided
Parliamentary government with the Cabinet collectively responsible to the Diet, and a Supreme Court holding the final power of constitutional review.
Where law comes from
- Constitution
- Supreme law; Article 98 voids conflicting acts.
- Six Codes (Roppō)
- Constitution, Civil, Commercial, Criminal, Civil Procedure, Criminal Procedure.
- Statutes of the Diet
- Hōritsu enacted by the National Diet.
- Cabinet and ministerial orders
- Seirei and shōrei implementing statute.
- Local ordinances
- Jōrei of prefectures and municipalities.
The legal profession
Candidates pass the national bar examination, then complete a year at the Legal Training and Research Institute before qualifying as bengoshi, judge or prosecutor.
Law by topic in Japan
- Immigration & NationalityA points-based highly skilled route and the 2023 J-Skip fast trackThe Immigration Control Act sets out status-of-residence categories. The Highly Skilled Professional points system offers accelerated permanent residence, and the 2023 J-Skip and J-Find routes shortened it further.
- Data Protection & PrivacyAPPI with EU adequacy in both directionsThe Act on the Protection of Personal Information is enforced by the Personal Information Protection Commission. Japan and the EU recognise each other as adequate, easing transfers.
- Employment & LabourAbusive dismissal doctrine makes termination hardArticle 16 of the Labour Contract Act voids a dismissal that lacks objectively reasonable grounds and is not socially acceptable. Courts apply this strictly, especially to redundancies.
- Property & LandFreehold open to foreigners, but registration is not conclusiveForeign nationals may own land and buildings on the same terms as citizens, with no residence requirement. Registration gives priority against third parties but is not a state guarantee of title.
- Business & CorporateCompanies Act forms plus a 2015 stewardship-driven governance shiftThe Companies Act 2005 consolidated company law into a single statute. Most foreign investors use the kabushiki kaisha (KK) or the simpler godo kaisha (GK); the Corporate Governance Code, introduced in 2015 and revised since, drives board independence on a comply-or-explain basis.
- Civil ProcedureThree instances, with digital filing phased in from 2026The Code of Civil Procedure provides district court trial, high court appeal on fact and law, and a final appeal to the Supreme Court limited to constitutional and specified legal grounds.
- Family LawNo joint custody after divorce until the 2024 reform takes effectJapanese law has allowed only sole parental authority after divorce, a rule criticised internationally. A 2024 Civil Code amendment introduces joint custody and is being brought into force by 2026.
- Criminal LawLay judge trials, 23-day pre-charge detention, and retained capital punishmentSerious cases are tried by a mixed panel of three judges and six lay judges. Police and prosecutors may hold a suspect for up to 23 days before charge, and the death penalty remains in use.
- Constitutional LawA pacifist constitution never once amendedThe 1947 Constitution vests sovereignty in the people, makes the Emperor a symbol of the state and renounces war in Article 9. No amendment has ever been adopted.
- Tax LawResidence tiers that limit foreign-source taxation for five yearsIncome tax is progressive to 45 per cent plus 10 per cent local inhabitant tax. A non-permanent resident is taxed on foreign-source income only to the extent remitted, for the first five of any ten years.
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