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Effective Date

Systems Development Corporation in Tachikawa, Tokyo CONPHIC Co., Ltd. Thank you for visiting our blog. CONPHIC Co., Ltd. develops several types of systems and tools to support legislation work. The laws become effective not when they are promulgated but when they come into force. In other words, the contents of a law are determined (provided) on the date of its promulgation and later it comes into force on the effective date. The Act on General Rules for Application of Laws (Act No. 10 of 1898) showed the following rule about the effective date: — Article 1 A law shall come into effect after the expiration of twenty days following the …

Terms Avoided in Current Laws

Systems Development Corporation in Tachikawa, Tokyo CONPHIC Co., Ltd. Thank you for visiting our blog. CONPHIC Co., Ltd. develops several types of tools and systems to support legislation work. It is necessary to avoid using terms and expressions which is difficult to understand and may cause misunderstanding in the laws and ordinances. In old laws, there were terms which we cannot easily understand now, but these terms are almost amended in the current laws. “法制執務提要第2次改訂新版” explains these terms like… — The chinese expressions like “威嚇,” “解止,” “加功” and “事由” will not be used hearafter, and the complicated words like “閲歴,” “永期,” “行用,” “成丁者,” “窃用” and “配賦” will not be used. …

Promulgation Date and Effective Date

Systems Development Corporation in Tachikawa, Tokyo CONPHIC Co., Ltd. Thank you for visiting our blog. CONPHIC Co., Ltd. develops several types of systems and tools to support legislation work. When the laws and ordinances are amended, the partial amendment acts (ordinances) are drafted and the amending provisions which specify the amended articles are prescribed. e.g.    □□法の一部を改正する法律  □□法の一部を次のように改正する。  第○条中「○○」を「△△」に改める。    附 則   この法令は公布の日から施行する。 If there was an act providing the above provisions, this act would come into effect as of the date of its promulgation and “○○” would be replaced with “△△”. About the effective date of the partial amendment act, a specific date like “the date of the promulgation” or “December 1, …

“みなす” and “推定する”

Systems Development Corporation in Tachikawa, Tokyo CONPHIC Co., Ltd. Thank you for visiting our blog. CONPHIC Co., Ltd. develops several types of systems and tools to reduce the work load of legislation work. There are several rules about how to use terms of laws. I have introduced some of these rules in this blog, I explain how to use “みなす” and “推定する” today. “例解立法技術” shows the following rules about these terms: — “推定する” is used to decide some facts with a provision of a law in case where there are no decision about a case between the parties or where the parties cannot produce counterevidence. Therefore, if there are some …

Multiple-Stage Rocket

Systems Development Corporation in Tachikawa, Tokyo CONPHIC Co., Ltd. Thank you for visiting our blog. CONPHIC Co., Ltd. develops several types of systems and tools to support the legislation work. As a method of the amendment of laws and ordinances, there is amendment in the form of multiple-stage rocket. For example, this method is used to raise the fare of a bus like the following: Now: 100 yen From April 1: 120 yen From September 1: 150 yen In this case, the provisions are amended like the following: ① The term “100 yen” will be replaced with the term “120 yen”. ② Ther term “120 yen” will be replaced with the term …

Suspension of Effect of Law

Systems Development Corporation in Tachikawa, Tokyo CONPHIC Co., Ltd. Thank you for visiting our blog. CONPHIC Co., Ltd. develops several types of systems and tools to support the legislation work. Laws are sometimes amended to change the contents and abolished. In addition, there are some cases where the effect of laws are temporarily “suspended”. “Suspension” is similar to amendment and abolishment of laws, but the suspended laws might be effective in the future, so there are the proceedings of “suspension”. The example of this case is Act No. 88 of 1943 (Act on Suspension of Jury Act) and Jury Act will be effective when this act is abolished. Jury Act …

Numerical Expression in Vertical Writing of Law

Systems Development Corporation in Tachikawa, Tokyo CONPHIC Co., Ltd. Thank you for visiting our blog. CONPHIC Co., Ltd. develops several types of systems and tools to make the legislation work efficient. Japanese laws are written vertically, but if it is possible to correctly express the contents by using a numerical expression or a chemical formula, these formulae were written horizontally. The formula was written horizontally in vertical writing in the articles of the laws, so when the articles including these expressions are amended, vertical writing of the amending provisions includes horizontal writing. Reference: 官報 To amend a law, it is necessary to use vertical writing and horizonatal writing depending on …

Legislation Rule in Korea

Systems Development Corporation in Tachikawa, Tokyo CONPHIC Co., Ltd. Thank you for visiting our blog. CONPHIC Co., Ltd. develops several types of systems and tools to support legislation work. In Korea, Ministry of Government Legislation releases the information as a book (알기 쉬운 법령 정비기준 제6판) about the legislation rules and the items to which you should pay attention when drafting laws. You can read the contents in the form of PDF and if you read it, you can find the similar points to the legislation rules in Japan. This is partly because of the historical aspects and partly because they try to show the laws as the people can …

Law Composed of Paragraph

Systems Development Corporation in Tachikawa, Tokyo CONPHIC Co., Ltd. Thank you for visiting our blog. CONPHIC Co., Ltd. develops systems and tools to support the legislation work. Most of the main provisions of the laws are composed of Articles like the following:   Article ○ The term “○○” used in this Act means ・・・・・. In case of the laws with the easy contents, there are laws composed of not Articles but Paragraphs. In case of a law composed of Paragraphs, if the law has more than two paragraphs, the paragraph numbers like 1, 2, 3, 4, ・・・ are given to each paragraph from Paragraph 1 and the arabic figures starts with …

LAW VIA THE INTERNET 2015 SYDNEY

Systems Development Corporation in Tachikawa, Tokyo CONPHIC Co., Ltd. Thank you for visiting our blog. Many databases of law information are developed around the world as well as in Japan and many types of law information are released on the Internet. Report of the research about these databases, law data in several countries and legislation will be made in Sydney in the next month. LAW VIA THE INTERNET 2015 SYDNEY From Japan, profesors of Nagoya University will participate in the conference as presenters. DAY1 Yoshiharu Matsuura, Nagoya University Graduate School of Law, Japan, Amy Huey-Ling Shee, Director, TaiwanLII, Taiwan, and Xiangshun Ding, Renmin University Law School, China Enhancing Comparative Law …

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