230.5
The Pyramid Model of Legal System Toward Responsive Law

Thursday, July 17, 2014: 11:25 AM
Room: Booth 59
Oral Presentation
Naoya ENDO , Doctor, Fairness Law firm, Tokyo, Japan
In Japan, the social system has been disturbing by abrupt and arbitrary criminal punishment in the field of political conduct, business behavior and medical treatment. Apart from the natural and traditional crime, criminal sanction should not be used or should be limited to extremely heavy legal violation.

In order to develop the economical social system or to prevent the injury and restore the damage, preventive administrative system should be formulated, civil procedure should be strengthened and soft-law should be put to practical use in administrative organs, various parties and business groups.

In Japan, old criminal system has been carried out in the every field. For example, here has been the heavy grilling without recording in the detention center for long term, and no complete criminal discovery system. “Beyond a reasonable doubt” principle has not been observed on the adjudication of the court. Criminal punishment to the politicians, enterprisers, doctors, accountants and lawyers gave the serious bad effect. On the other hand, Japanese police didn’t prevent abduction by North Korea and other heavy traditional crimes.

Japan should massively use the power for preventing the violent crimes, and depend on other new system for defending the technology, the freedom and the health.

Japan should proceed to responsive legal society from repressive law or autonomous law that I originally present by the 4 steps pyramid model of legal system as follows:

1. Criminal Penalty,  final sanction to violent crime

2.Civil Trial Relief,  compensation to damage, restoration to original state

3. Administrative Prevention,  hard-law, soft-law

4. Self Governing,  soft-law, self-rule