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2015年10月21日 水曜日

Introduction to Polish Law with aspects of Japanese Law

The Polish law after transformations in 1989 was newly restituted as an independent and democratic. The Polish law belongs to the continental legal system, which developed in Western part of Europe under the influence of Roman law. The continental system is divided into families of German and Roman law, with the influences of Scandinavian law distinguished as well. The German and French law had the greatest impact on the current model of the Polish legislation. The institutions of both of these legal systems were incorporated with certain modifications into the Polish law.

The Constitution of the Republic of Poland of 7th April 1997 is the supreme law among other sources of law. Poland became a member state of the European Union on 1st May 2004. The accession to the European Union developed the legal system, which was harmonised and restated to conform with the European law. The European Union legislative acts are in force in Poland to the same extent as in e.g. Germany or Italy: directives, which the national legislator have to implement into the internal legal system, regulations, that are directly effective, as well as recommendations and opinions.
The early modernization of the Japanese law was also primarily based on continental European legal systems. At the beginning of the Era Meiji European legal systems were the mainly models for the Japanese judicial and legal systems.
After the World War II, there was a reform of Japanese legal system: American legal system had the strongest influence, and finally replaced existing rules and structures. The Constitution, criminal procedure law, and labor law, all crucial for the protection of human rights, and corporate law were essentially revised.
Therefore, the Japanese legal system today is essentially a combination of continental legal system and Anglo-American legal structures, with strong influences of Japanese and Chinese characteristics.

投稿者 Kuribayashi Sogo Law Office

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