Statement of the final appeal acceptance
When the court which should appeal to a higher court in a civil action in Japan is the Supreme Court with the statement (じょうこくじゅりのもうしたて) of the final appeal acceptance, by the reason of including an important matter about the interpretation of other laws and ordinances with the precedent violation in original decision, I say the statement for what I accept as an appeal hearing to the Supreme Court (Civil Proceedings Act Article 318 Clause 1).
In addition, the statement (Criminal Procedure Code Article 406) of the case acceptance in the criminal action may be called "a statement of the final appeal acceptance" in trial business, too [1].
Table of contents
Summary
Because it was thought that you should reduce an excessive office work burden on Supreme Court while it is necessary to plan unification of the law interpretation in the civil action, it is the system that I introduced by a civil action enactment of the enforcement as the final appeal acceptance in the criminal action and a similar system on January 1, 1998. By the old civil suit method, the laws and ordinances infringement to have an influence on the conclusion became the final appeal reason, but a burden on Supreme Court grows big by a final appeal case to increase and plans burden reduction in a final appeal acceptance system by the discretion and a thing doing about laws and ordinances infringement.
It is entrusted whether the Supreme Court accepts the case that a statement of the final appeal acceptance was made to the discretion (Civil Proceedings Act Article 318 Clause 1), and there can be the thing that the acceptance is not done for reasons of the maturity characteristics, others of the case even if I include an important matter about the interpretation of laws and ordinances objectively (final appeal acceptance statement non-acceptance decision).
Even if the Supreme Court accepts a final appeal, the thing admitting that it is not important in the reason of the statement can remove this (article Clause 3).
Actually, in the case of the case that a judgment of the High Court is divided into, a point postpones a thing starting decision for (in the case of a long thing around five years) for 2-3 years and, even in the case of the case that the acceptance is accomplished, waits for the place where the number of final appeal acceptance statements accumulates to some extent and accepts changing judgment of the High Court and often does the case to maintain judgment of the High Court with the final appeal non-acceptance. The judgment of the High Court is not divided, but when I am going to maintain a judgment of the High Court by a case about the important laws and ordinances interpretation, I accept only a representative case and give rejection judgment and often do other cases with the final appeal non-acceptance. Therefore I cannot judge it even if the Supreme Court decides the final appeal acceptance statement non-acceptance when the Supreme Court recognized legitimacy of the laws and ordinances interpretation of the original decision positively. There is several High Court judgment indicating the laws and ordinances interpretation called A, and a final appeal acceptance statement is accomplished, and, about the legal point at issue which does several final appeal acceptance statement non-acceptance decision (in other words, does not overturn High Court judgment based on the interpretation called A), the Supreme Court accepts a final appeal acceptance statement overnight, and I deny interpretation called A, and the Supreme Court adopts interpretation called B for it, and several are seen in making the decision to overturn High Court judgment based on the A interpretation for this well, too. [The source required]
After the Supreme Court accepted it as an appeal hearing, I am treated like a basically normal final appeal.
Footnote
- In ^ 古江頼隆 "final appeal acceptance" "system Tokyo University law school Lorre view 2 in the criminal action", September, 2007, it is page 143
Allied item
Outside link
- Court website - final appeal submission and final appeal acceptance statement
This article is taken from the Japanese Wikipedia Statement of the final appeal acceptance
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