Page:A handbook of modern Japan (IA handbookofmodern01clem).pdf/220

164 A trial in Japan, as in France, is of the "inquisitorial" type, and is conducted by the judge (or judges) alone. "All questions by counsel must be put through him. Counsel do not so much defend their clients as represent them." Witnesses are sworn, so to speak, by "a solemn asseveration," without "any religious sanction"; and this takes the form of a written document "duly signed and sealed." The government is represented by the public procurator, who seems to combine in one person the duties of inspector, grand jury, and prosecuting attorney. Hearsay evidence is admitted; and circumstantial evidence has no small influence.

Japanese courts are organized according to the French system, with some modifications along German lines. They are four in kind, from the Local Court, through the District or Provincial Court, and the Court of Appeal, up to the Supreme Court. The local courts have jurisdiction over police offences and some minor crimes; the district courts conduct preliminary investigations and have jurisdiction over crimes; the courts of appeal hear new trials; while the supreme court hears criminal appeals on matters of law. Japanese courts are very solemn places, with strict regulations as to costume, ceremony, and conduct.

The Japanese judiciary is, by this time, pretty much weeded out of the old judges with antiquated notions, and consists very largely of comparatively young men, educated in the modern systems. A