TÀI PHÁN VIÊN TRONG TỐ TỤNG HÌNH SỰ Ở NHẬT BẢN

Abstract

In the context of Japan’s ongoing judicial reform aimed at democratization, lay judges (saiban-in) play a vital role in ensuring justice and the fair application of the law in criminal proceedings. This paper offers a theoretical overview of the role of judges within Japanese criminal proceedings, detailing the process of resolving criminal cases and highlighting their essential function. Utilizing research methods such as synthesis, analysis, and logical reasoning, this study clarifies the judges' roles at various stages of criminal proceedings in contemporary Japan. The findings indicate that lay judges are instrumental in upholding the principles of the rule of law and democracy while safeguarding the rights of all parties involved in criminal cases. The analysis demonstrates that lay judges in Japan are highly regarded for their fairness and efficiency, actively participating in trials and making significant decisions throughout the process. This saiban-in model promotes transparency and independence, ultimately enhancing the protection of all parties' rights and improving the overall quality of judicial work