Showing posts with label Japanese Law. Show all posts
Showing posts with label Japanese Law. Show all posts

Tuesday, October 1, 2024

Posthumous Divorce Rising in Japan

Shigo Rikon, commonly known as posthumous divorce, is on the rise in Japan. It's not what it sounds like. It doesn't refer to divorcing the deceased spouse, which is impossible.  It is actually an official process for cutting ties with the deceased spouse's family. This was a new one for me! 


When there is so much in-law animosity in Japanese families that it is still a problem after the death of the spouse, there is a way to sever ties. The technical, but less popular name is "notification of marital relationship termination" (inzoku kankei shuryo todoke), which just means official severing of ties with the family of the deceased spouse. The only real purpose the government approved official statement serves for most people is that their in-laws are unbearable and they are done with the family. The posthumous divorce can be obtained unilaterally and the in-laws will not receive any notice of it. The deceased spouse's family cannot sever ties this way, only the spouse can file for it. The process is easy, just requiring one to fill out forms at the city office. 

Form from Osaka


Posthumous divorce has no effect on the person's legal relationship with the deceased spouse. The still living spouse is still eligible for all inheritances, pensions, and insurance polices and can still keep the spouse's family name. In addition, they don't have to have their own remains in the spouse's family grave and they don't have to take care of the grave. 


According to the Japanese government, there are currently about 4,000 posthumous divorces each year, while there were less than 2,000 a year in the 1990's. 


It seems like this process has little real meaning, so why is it increasing? What do you think? Have you heard of something like this in any other country?

Thursday, October 12, 2023

Nagoya Prohibits Escalator Walking


A new ordinance went into effect last week in Nagoya, Aichi Prefecture, which prohibits people from walking on escalators. This ordinance requires people to stand still when riding escalators in public places such as train stations and shopping centers. Like the bicycle helmet law, there are no penalties for people who violate the new city ordinance. The Nagoya City government has been putting up posters about the new ordinance at train stations and running TV commercials to make people aware of the ordiance. 


In recent times, there have been many incidents of walking people losing their balance and knocking down others, in addition to accidents  when the moving person bumps into luggage or hooks handbags of those standing still. It is also very dangerous for the elderly or the mobility impaired who are standing.


Saitama Prefecture introduced a similar ordinance two years ago, but it was not successful. 


I rarely walk on the escalator because I don't want to cause a problem, and because I am never in a hurry. Are you a walker or a stander on the escalator?

Thursday, June 1, 2023

The Revised Designated Invasive Alien Species Act



A new law goes into effect in Japan today - The Revised Designated Invasive Alien Species Law.  This law regulates the importing and sales of the red swamp crayfish and the red-eared slider turtles, and prohibits the release of these animals into the wild. The government has designated them as invasive alien species which have a negative impact on the ecosystem. The two species are originally from North America and highly fertile, harming the environment by outcompeting native species.


Many people in Japan keep these animals as pets. It is estimated that 5.4 million of the crayfish and 1.6 million of the turtles are kept as pets in Japan. In the past I have seen turtles sold at festivals. No more! 


People can continue to keep their current pets, but not release them. If individuals do release them, including cases where the pets escape, the pet owners face up to three years in prison, or a fine of up to three million yen. Corporate bodies face a fine of up to 100 million yen for releasing these animals. This is serious. 


Red swamp crayfish live four to five years and red eared slider turtles live 20 to 40 years. If individuals become unable to keep them, they need to find someone else to take care of them. Selling them is prohibited, but giving them to new owners for free will be allowed. One of my students told me that IZoo, the reptile zoo in Izu, Shizuoka, will accept these turtles from individuals who can no longer keep them. (I have not personally verified this.) 


Do you have either of these creatures as pets? Are there any laws or regulations about them where you live?

Sunday, October 9, 2022

Capital Punishment in Japan

Captital punishment in Japan always seems very secretive. I know there are people in prison awaiting execution, but I never hear or read about when the execution will happen, until after it happens. Japan's Code of Criminal Procedure stipulates that the death penalty should be implemented within six months of the issuing of the sentences, but that almost never happens. 



From 2000 to July 26, 2022, 98 death sentences have been carried out. Decisions about executions reflect the thoughts and feelings of the minister of justice.  The Japanese Ministry of Justice does not clarify the criteria on which the decision to execute a prisoner is based. It seems very secretive and mysterious. 


I'm from the United States, where the death penalty is legal in some but not all states. Personally, I have always been against the death penalty, no matter what the crime charged. The main reason is, that if a mistake is later found to be made, you can't bring the executed person back.  If you are interested in seeing what other countries in the world allow convicted criminals to be put to death, check out this Wikipedia page.



Saturday, October 8, 2022

McDonald's Japan Changes from Plastic to Paper Straws and Wooden Utensils

 

In April, Japan enacted a law to cut down on single use plastic at convenience stores and restaurants. McDonald's held trials at test locations earlier this year and is now introducing paper straws and wooden utensils nationwide. Last year the fast food chain threw away about 6,500 tonnes of plastic waste from its 2,900 restaurants. 


The wooden utensils look nice, although they also become trash.  I haven't seen anything about how long the wooden utensils take to break down, or how much of a difference they make. There is so much plastic and packaging in Japan. I'm in favor of the change to less plastic.


Do you know if McDonald's in other countries are also changing from plastic? What do you think about changing to alternatives to plastic?

Thursday, June 16, 2022

Online Insults Can Send You To Jail

Monday, the Upper House passed a bill to try to tackle cyberbullying in Japan. Tougher penalties for online insults include jail time. 


The debate about the balance between tougher regulations and freedom of expression, which is guaranteed by the Constitution, has been more intense since the May 2020 suicide of Hana Kimura, a 22 year old reality show star, after receiving hateful messages on social media. 


The bill was passed after a supplementary provision, stipulating that a review will be conducted within three years of the enactment of the law to determine if it unfairly restricts free speech. "Insults" are distiguished from "defamation" in that insults demean someone without referring to a specific action. Both are punishable under this new law. 


Currently, the penalty for insults is a fine of less than 10,000 yen or detention for less than 30 days. The new law raises the fine to up to 300,000 yen and a prison term of up to one year. The statute of limitations for insults will also be extended from one year to three years. 


What do you think? Will this law prevent suicides? Does it infringe on free speech?  Are there similar laws where you live? I think online bullying is a problem, especially for the youngest users of the internet. I'm concerned about whether this law is overly broad and will limit free speech in ways not intented. I also wonder if the penalty is enough to deter online insults. I'd like to know what you think.

Tuesday, May 31, 2022

New Scooter Law in Japan

Japan has enacted a new law - users of electric scooters, with a maximum speed of 20 KPH, will no longer require a license to drive/use them. Minors under the age of 16 will still be banned from riding them.  (The article I read said the law will go into effect within two years, so I guess you still need a license for now.)


When I read this, I was picturing sit down scooters that people with mobility issues use, but apparently I was wrong.  "Electric scooters" in Japan resemble skateboards equipped with handles and must be ridden with a helmet. Previously the scooters were classified as motorcycles, which require a license. Traffic tickets will be given for riders under the age of 16, as well as those who provide the scooters to underage riders.





Have you or would you like to ride this type of scooter? I suppose the brakes are in the handles, but it looks a little scary to me.