10 Laws in Japan: Complete Guide to the Japanese Legal System
Japan operates under a civil law system influenced by German, French, and American legal traditions. The foundation lies in the Constitution of Japan (1947), which defines sovereignty, democracy, and human rights. Within this framework, several key laws regulate society, business, and governance. Below is a detailed exploration of the 10 most important laws in Japan, their functions, and their social impact.
10 Laws In Japan:
1. Constitution of Japan (1947)
The Constitution of Japan is the supreme law, enacted in 1947 after World War II. It establishes popular sovereignty, pacifism, and fundamental rights.
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Article 9 prohibits war and the maintenance of military forces.
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Article 14 ensures equality regardless of race, creed, or gender.
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Article 21 guarantees freedom of speech and assembly.
The Constitution provides the legal backbone for democracy, parliament, and judicial independence.
2. Penal Code of Japan
The Penal Code (Keihō), enacted in 1907, defines criminal offenses and punishments.
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Crimes include homicide, assault, theft, arson, and treason.
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Penalties range from fines to imprisonment and capital punishment.
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Japan retains the death penalty, applied by hanging.
The Penal Code is strictly enforced, ensuring public safety and social order.
3. Civil Code of Japan
The Civil Code (Minpō), enacted in 1896, governs private legal relations.
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Book I: General Provisions
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Book II: Property
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Book III: Obligations
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Book IV: Family
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Book V: Inheritance
The Code regulates contracts, ownership, leases, marriage, divorce, and inheritance. Amendments in 2020 modernized contractual obligations and inheritance rights.
4. Commercial Code of Japan
The Commercial Code (Shōhō), introduced in 1899, is central to Japanese business law.
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Regulates company formation, governance, and trade practices.
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Defines rights of shareholders, directors, and creditors.
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Works alongside the Companies Act (2005).
Revisions in 2018 introduced stricter compliance and corporate accountability measures.
5. Labor Standards Act (1947)
The Labor Standards Act sets minimum conditions for workers.
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Establishes a 40-hour workweek.
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Regulates wages, overtime pay, and working safety.
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Protects against child labor and unfair dismissal.
It is strictly monitored by the Ministry of Health, Labour and Welfare, ensuring fairness in Japan’s demanding work culture.
6. Road Traffic Act (1960)
The Road Traffic Act regulates transport safety.
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Enforces speed limits, traffic rules, and driver licensing.
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Applies zero tolerance for drunk driving.
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Mandates vehicle inspections (Shaken).
This law contributes to Japan’s low road fatality rates, emphasizing pedestrian safety and strict driving standards.
7. Immigration Control and Refugee Recognition Act
Enacted in 1951, this Act governs entry, residence, and deportation of foreigners.
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Provides visa categories for students, workers, dependents, and permanent residents.
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Defines deportation for illegal residence or crimes.
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Recognizes refugees under the 1951 Refugee Convention, though approvals remain rare.
Recent revisions introduced visa options for highly skilled workers and technical interns.
8. Juvenile Act (1948)
The Juvenile Act addresses youth offenders under 20 years of age.
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Focuses on rehabilitation instead of punishment.
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Cases are referred to family courts.
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Allows correctional education or protective detention.
Amendments debate lowering the age of criminal responsibility for serious crimes.
9. Copyright Act of Japan (1970)
The Copyright Act protects creative works.
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Covers literature, music, software, films, and art.
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Grants exclusive rights to authors and creators.
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Penalizes piracy and infringement with fines and imprisonment.
Japan, as a WIPO member, updates laws to handle digital content and online streaming.
10. Anti-Monopoly Act (1947)
The Anti-Monopoly Act (AMA) enforces fair trade.
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Prohibits cartels, monopolies, and unfair practices.
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Overseen by the Japan Fair Trade Commission (JFTC).
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Targets violations in construction, pharmaceuticals, and digital markets.
It plays a vital role in consumer protection and free competition.
Comparison Table: 10 Key Laws in Japan
Law Name | Year Enacted | Area of Regulation | Key Feature |
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Constitution of Japan | 1947 | Sovereignty, rights, politics | Pacifism (Art. 9) |
Penal Code | 1907 | Crime & punishment | Death penalty |
Civil Code | 1896 | Family, property, contracts | Inheritance rules |
Commercial Code | 1899 | Business law | Corporate governance |
Labor Standards Act | 1947 | Employment & labor rights | 40-hour workweek |
Road Traffic Act | 1960 | Transport & driving | Zero tolerance alcohol |
Immigration Control Act | 1951 | Immigration & refugee policy | Visa categories |
Juvenile Act | 1948 | Juvenile justice | Rehabilitation focus |
Copyright Act | 1970 | Intellectual property | Digital rights |
Anti-Monopoly Act | 1947 | Market competition | Anti-cartel measures |
FAQs About 10 Laws in Japan:
What is the most important law in Japan?
The Constitution of Japan is the most important law. It defines sovereignty, democracy, rights, and pacifism.
Does Japan still have the death penalty?
Yes. Japan enforces the death penalty for severe crimes such as multiple murders, under the Penal Code.
What is the legal drinking age in Japan?
The legal drinking age is 20 years, established under the Minor Drinking Law, related to the Juvenile Act.
How many hours can you legally work in Japan?
The Labor Standards Act limits the workweek to 40 hours with overtime regulations.
What law controls foreign workers in Japan?
The Immigration Control and Refugee Recognition Act governs entry, residence, and visa status for foreign workers.
What traffic law is Japan most strict about?
The Road Traffic Act enforces zero alcohol tolerance for drivers, making it one of the strictest laws globally.
How does Japan handle juvenile crime?
The Juvenile Act prioritizes rehabilitation, placing cases under family courts instead of criminal courts.
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Conclusion:
These 10 laws in Japan represent the legal framework shaping society, economy, and governance. From human rights protections under the Constitution to strict road safety and labor rules, Japan’s legal system is designed for stability, fairness, and order. Understanding these laws is essential for citizens, businesses, and foreigners living in or interacting with Japan.