日本司法改革的经济动因分析

Analysis on economic motivation of Judicial reform of Japan

日本的现行体制是在日本赶超欧美发达国家的特定历史阶段确立的。在赶超任务基本完成之后,日本现行经济体制确立的前提条件不复存在,其弊端逐渐暴露出来。伴随世界各国经济的发展,资本的运行已经冲破国界,要求各国法律采取统一的模式,世界贸易组织解决纠纷机制的司法化使日本国内的司法制度不得不做出调整。

The current system in Japan was established in the specific historical stage of catching up and surpassing the developed countries of Europe and the United States. After completing the basic task of catching up and surpassing, the premise of Japan＇s current economic system was no longer existed and its shortcomings were gradually exposed. With the economic development of every country in the world, the operation of the capital has broken through the national boundaries, and it requires the law in every country to adopt a unified model, so the judicial system in Japan had to adjust as the Judicature of the WTO dispute settlement mechanism