ツジ ユウイチロウ   TSUJI YUICHIRO
  辻 雄一郎
   所属   明治大学  法学部
   職種   専任教授
発表年月日 2021/01/13
発表テーマ Independence and accountability of the Judiciary and of the Prosecution in Japan
会議名 Global Summit
主催者 University of Texas
学会区分 国際学会
発表形式 口頭(一般)
単独共同区分 単独
開催地名 Online(University of Texas)
概要 In June 2020, the head of the Tokyo High Public Prosecutors Office resigned after he allegedly played mahjong for money with newspaper reporters. At that time, prime minister Shinzo Abe ha been attempting to allow him to remain in his position longer by amending the National Public Service Act (NPSA) to allow top prosecutors to stay until the age of 65, from the current age of 63.
This paper examines the independence of the Japanese judiciary and reviews several cases regarding the independence of the prosecutor’s office under the Minister of Justice. The independence of the judiciary and of individual judges are essential elements of constitutionalism. In Japan, the Ministry of Justice is under the jurisdiction of the cabinet, and the Minister of Justice is appointed by the prime minister. The power to decide whether to prosecute is a part of judicial proceedings....