I hereby give My sanction to the Law concerning the Temporary Measures of the Code of Civil Procedure Pursuant to the Enforcement of the Constitution of Japan, for which the concurrence of the Imperial Diet has been obtained, and cause the same to be promulgated.
Signed:HIROHITO, Seal of the Emperor
This eighteenth day of the fourth month of the twenty-second year of Showa (April 18, 1947)
Countersigned: Prime Minister YOSHIDA Shigeru
Minister of Justice KIMURA Tokutaro
Article 1. The purpose of this Law is to provide temporary measures with respect to the Code of Civil Procedure pursuant to the enforcement of the Constitution of Japan.
Article 2. The Code of Civil Procedure shall be interpreted so as to conform with the spirit of the Constitution of Japan and the Court Organization Law.
Article 3. Decisions Saiban other than judgements Hanketsu may be made by an Assistant Judge alone.
Article 4. A Jokoku appeal may be taken to the Supreme Court from a final judgement in the second instance or in the first instance rendered by a High Court and to the High Court from a final judgement in the second instance rendered by a District Court.
When the parties have agreed that the right of Jokoku appeal is reserved, and that a Koso appeal will not be taken from a final judgement in the first instance, a Jokoku appeal may be taken directly to the High Court from a judgement of a Summary Court and to the Supreme Court from a judgement of a District Court.
Article 5. When a High Court is the Appellate Court in a Jokoku appeal, it must, in cases specified by the Supreme Court, transfer such cases to the Supreme Court by means of a ruling.
Article 6. A further Jokoku appeal may also be taken to the Supreme Court from a final judgement rendered by a High Court in a Jokoku appeal but only on the ground that an improper adjudication is made in the said judgement to the effect that a law order, regulation or official act is, or is not, constitutional.
A Jokoku appeal mentioned in the preceding paragraph shall not have the effect of preventing the judgement concerned from becoming final and conclusive. However, the Supreme Court may, if a Jokoku appeal mentioned in the preceding paragraph has been taken, order a stay of execution.
Article 7. A complaint (Kokoku) may be taken to the Supreme Court from a ruling or an order from which a protest is not possible in accordance with the provisions of the Code of Civil Procedure, but only on the ground that an improper adjudication is made in the said ruling or order to the effect that a law, order, regulation or official act is, or is not, constitutional.
The period for lodging of a complaint mentioned in the preceding paragraph shall be five days.
Article 8. An action for the annulment or alteration of any illegal act done by an administrative office must be brought within six months from the day on which the party concerned became cognizant that such act was done, except as otherwise provided in other laws (laws enacted prior to March 1, 1947, are not included). However. such an action cannot be brought if three years have passed from the day on which such act was done.
Supplementary Provisions:
This Law shall come into force as from the day of the enforcement of the Constitution of Japan.
This Law shall lose its effect on and after January 1, 1948.
A Jokoku appeal may be taken to the Supreme Court from a final judgement of the Tokyo High Court in those cases in which a decision or hearing is based on the provisions of the Court Organization Enforcement Law (this excludes cases pending in the Tokyo Appellate Court at the time of the enforcement of the said Law), but only on the ground that an improper adjudication is made in the judgement to the effect that a law order, regulation or official act is, or is not, constitutional.
The provisions of Article 6, paragraph 2 shall apply with the necessary modifications to the appeal mentioned in the preceding paragraph.