Legal Japanese Terminology: Navigating the Japanese Legal System251

Introduction

Navigating the Japanese legal system can be daunting for foreigners due to the unique terminology and legal concepts employed. Understanding key legal terms is essential for effectively interacting with Japanese legal professionals and understanding legal documents. This article provides a comprehensive guide to commonly used legal terms in Japanese, covering various areas of law and providing their English translations and explanations.

Civil Law Terminology
判例 (Hanrei): Precedent or case law established by the Supreme Court or lower courts.
民法 (Minpō): Civil Code, the primary source of civil law in Japan.
債権 (Saiken): Creditor's right to demand a specific performance or payment from a debtor.
債務 (Saimu): Debtor's obligation to perform a specific act or make a payment.
訴訟 (Soshō): Lawsuit or legal action filed in court by a plaintiff.

Criminal Law Terminology
刑法 (Keihō): Penal Code, outlining various criminal offenses and their punishments.
犯罪 (Hanzai): Crime or criminal offense prohibited by law.
犯人 (Hannin): Perpetrator or offender who committed a crime.
起訴 (Kiso): Indictment or formal accusation of a crime against a defendant.
裁判 (Saiban): Trial or court hearing to determine the guilt or innocence of a defendant.

Business Law Terminology
会社法 (Kaisha Hō): Companies Act, governing the establishment, operation, and dissolution of companies.
株式会社 (Kabushiki Gaisha): Joint-stock company or corporation.
取締役 (Torishimariyaku): Director or member of the board of directors of a company.
取引 (Torihiki): Transaction or business dealing between parties.
契約 (Keiyaku): Contract or agreement between two or more parties.

Family Law Terminology
戸籍 (Koseki): Family register or legal record of births, deaths, and marriages.
結婚 (Kekkon): Marriage or marital union between two individuals.
離婚 (Rikon): Divorce or legal dissolution of a marriage.
親権 (Shinken): Parental authority or right to care for and make decisions regarding a child.
相続 (Sōzoku): Inheritance or the process of transferring property and rights from a deceased person to their heirs.

Administrative Law Terminology
行政法 (Gyōsei Hō): Administrative Law, governing the organization and operation of government agencies.
行政処分 (Gyōsei Shobun): Administrative action or decision taken by a government agency.
裁量権 (Sairyōken): Discretionary authority granted to government agencies for decision-making.
公務員 (Kōmuin): Civil servant or government employee.
行政訴訟 (Gyōsei Soshō): Administrative lawsuit filed against a government agency's decision.

Conclusion

Understanding legal terminology is crucial for engaging effectively with the Japanese legal system. By familiarizing themselves with the key terms outlined in this guide, individuals can navigate legal discussions, documents, and interactions with Japanese legal professionals with confidence. It is important to note that legal terminology can vary depending on the context and specific area of law, and consulting with a qualified legal professional is always recommended for accurate interpretation.

2024-12-05

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