ORGANIZATION OF THE SAIBAN-IN SYSTEM IN JAPAN

Abstract

This paper examines the organization and operation of the lay judge (saiban-in) system within the context of Japan's judicial reform, adopting a regional studies perspective. Utilizing research methods such as synthesis, content analysis, and logical reasoning, the paper describes the current organizational state of Japan's lay judge model through several key aspects: legal regulations, activities in criminal trials, and independence in adjudication. The lay judge system demonstrates several advantages, including: enhancing public trust in the judicial system, mandatory involvement of lay judges in serious cases, and the requirement for lay judge consensus in judicial decisions. However, the lay judge system also presents certain limitations. Based on these findings, the paper offers some insights derived from Japan's experience regarding mechanisms for public participation in judicial activities within the judicial system. Subsequently, this paper derives key insights applicable to Vietnam's context, with the objective of enhancing the existing framework for public participation within the judicial system.