Litigation 2024 (Japan Chapter) - Law And Practice

1. General

1.1 General Characteristics of the Legal System

The modern Japanese legal system is primarily based on the civil law system, with partial modifications engrafted under the influence of the US legal system after World War 2. Japanese civil proceedings, which are now regulated by the Code of Civil Procedure (1996 Law No 109, or CCP), follow a combination of the inquisitorial model and the adversarial model. 

The CCP provides for oral arguments in which parties may submit their allegations and evidence to the court. Written briefs are submitted in preparation for oral arguments. In most cases, however, oral arguments are regarded as a mere formality and the parties are deemed to have presented their arguments in written briefs and documentary evidence submitted in advance.