Litigation System Study In Japan Kamakura Shogunate

The history of the Kamakura shogunate as Japan’s first military regime, opened nearly seven hundred years of shogunate. The establishment of the Kamakura shogunate in Japan is in the early medieval time. The formal establishment of the Kamakura shogunate jurisdiction can be said after the Edict of October 1183 and the order of syugo and jitou. Kamakura shogunate at the early stage of the litigation system has strong personality color, in the specific process and judgments of the form, with considerable arbitrariness. At the same time, due to not take measures to the people outside the family to the shogunate, in the effect of this point is also a lack of institutional guarantee.In order to judge more just, quickly, the shogunate was set up the Judicial bodies —— hikitsuke. On the other hand, because of the death of Shikken hojyo yasutoki, the shogunate political situation is very unstable. In order to appease the people as the royal family and the Kamakura shogunate foundation, set up a specialized royal family litigation hikitsuke is necessary. The hikitsuke initially set up three groups. At that time the Kamakura shogunate litigation jurisdiction principle of distribution rights is in accordance with the procedure when a difference in the identity of the things on the distribution, the jurisdiction of the hikitsukes of the litigation notes and politics are more important than asking, apparently mainly is the royal family litigation. The main mission of the hikitsuke after the establishment of the royal family is the trial proceedings and the royal family to head the ryoke lawsuit.In 1264 the shogunate’s lawsuit system and the lawsuit spirit gradually changed. Among them, the most important change is the change from the system of litigation based on the identity system to the litigation system. During this period, the shogunate to litigation in the form of division for the provided dust elimination, chores sand jig and check off sand and eliminating the three, the hikitsuke also changed from the royal family litigation jurisdiction institution for the provided sand jig of authority. In this system, the hikitsuke is in the core position of the whole procedure. The hikitsuke has been given unprecedented power, the status of the hikitsuke leadership has further improved. Of course, with the right to give the corresponding responsibility is assigned to the class. The establishment of the hikitsuke system, embodies the spirit of rights protection and litigation system of the shogunate justice expectations.After 1264 the late Kamakura shogunate hikitsuke system can be said to be in recession. During this period, the political situation of the shogunate gradually changed. After gonaijin and kind of imperial struggle, to gradually strengthen autocratic tendency in. In the case of the gradual concentration of power, the power to pay the gradual decline, and even once was abolished. Although the hikitsuke later reset, but power is fading, power lies in the hands of terrible cases. Ex officio doctrine can be said to be the Kamakura shogunate the litigation system during the period of the core spirit, the shogunate to action quickly end and reduce the number of cases as the goal. On the other hand, the hikitsuke has gradually become the young Hojo family involved in politics a springboard, as the provided sand eliminating organs of the hikitsuke in this case gradually declined and continued to the demise of the shogunate.