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日本现代法律制度的发展二战结束之前,日本法律尚未自成系统。1860年以前主要受中国的影响,明治维新以后,制定了新律纲领等。1872年改变律例,1880年以法国法律为蓝本制定了制罪法,1890年制定法院组织法。之后受德国法律的影响,1922年制定的刑事诉讼法,跟德国的相类似。1945年日本战败,日本在各个领域开始吸收各国法律,特别是受英、法的影响较大,对刑事诉讼法进行了全面的修改,一是法院从司法省独立出来,司法省改为法务省;二是废除了预审制度;三是强化了当事人的诉讼程序,确立了检察官、辩护人的对等地位;四是排除了法官先入为主,实行起诉书一本主义,即开庭前检察官只向法院提供起诉书。可以说现代日本的法律制度主要是受西方国家法律的影响。
The development of Japan’s modern legal system Before the end of World War II, Japanese law has not yet become a system. Before 1860, mainly influenced by China, after the Meiji Restoration, the new program of law was formulated. In 1872, the law was changed. In 1880, the code of criminal law was formulated on the basis of French law. In 1890, the law of the court organization was enacted. After the influence of German law, the Criminal Procedure Law enacted in 1922 was similar to that of Germany. Japan defeated Japan in 1945 and Japan began to absorb the laws of various countries in various fields. In particular, Japan and France were particularly affected by the changes in the Criminal Procedure Law. First, the courts were independent from the Ministry of Justice and the province of Justice was replaced by the Ministry of Justice ; Second, abolished the pre-trial system; third, strengthened litigation procedures of the parties and established the equal status of the prosecutor and the defender; fourth, ruled out the principle of preconceived judges and introduced the indictment- Provide indictment. It can be said that the modern Japanese legal system is mainly influenced by the laws of Western countries.