Law for Special Regulations concerning the Trial of Cases of Civil "Jokoku" Appeal in the Supreme Court
法令番号: 法律第138号
公布年月日: 昭和25年5月4日
法令の形式: 法律
I hereby promulgate the Law for Special Regulations concerning the Trial of Cases of Civil "Jokoku" Appeal in the Supreme Court.
Signed:HIROHITO, Seal of the Emperor
This fourth day of the fifth month of the twenty-fifth year of Showa (May 4, 1950)
Prime Minister YOSHIDA Shigeru
Law No.138
Law for Special Regulations concerning the Trial of Cases of Civil "Jokoku" Appeal in the Supreme Court
In a case where the Supreme Court is a court of "Jokoku" appeal in respect of the civil procedure, it shall be sufficient for the said court to make investigation, based only on the reasons for "Jokoku" appeal which are deemed to contain important allegations in respect of interpretation of laws and orders, besides on those which come under any one of the following items, notwithstanding the provisions of Article 402 of the Code of Civil Procedure (Law No.29 of 1890):
(1) That an error in construction, interpretation or application of the Constitution or any other violation of the Constitution has been made in the original judgment;
(2) That adjudication in the original judgment has been made in contradiction to the judicial precedents of the Supreme Court;
(3) That adjudication in the original judgment has been made in contradiction to the judicial precedents of the old Supreme Court (Daishin-in) or high court which is a court of "Jokoku" appeal, in a case where there exists no judicial precedent of the Supreme Court.
Supplementary Provisions:
1. This Law shall come into force as from June 1, 1950.
2. This Law shall lose its effect as from June 1, 1952.
3. As for the case wherein, the oral proceedings of the second instance or first instance of the high court have been finished or it has been agreed that "Koso" appeal is not to be made against the judgment of the district court in the first instance, reserving the right to make "Jokoku" appeal, before the enforcement of this Law, the precedents under the former provisions shall apply.
Attorney-General UEDA Shunkichi
Prime Minister YOSHIDA Shigeru