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Judicial scrivener

Judicial scrivener(Shosho) is a professionallawBased on the knowledge ofregistration,Deposit,LawsuitOtherLegal affairsAs an expert, our mission is to defend the rights of the people and contribute to the formation of a free and just society.National qualificationIs[5]. Also,Minister of JusticeCertified bySummary courtInCivil actionParties inproxyDo business[6].

Job billingIt can be performedEight professionalsone of[7].

Overview

The judicial scrivenerJudicial scrivener lawBased on the provisions ofregistration[Annotation 1]andDepositOn behalf of裁判 所,Prosecutor's office,Legal Affairs Bureau,Notary public officePreparation and submission of documents to be submitted to, property management work[Annotation 2], Business management, and other legal affairs[8][Annotation 3]..Before the war, the court had jurisdiction over the registry office, so the main task was to prepare and submit court documents, including registration. And the main work was to prepare and submit court documents.

Judicial system reformWas born in 2002 with "Certified Judicial ScrivenerIn addition to the above work,Summary courtUp to 140 million yen that can be handled atCivil action,Reconciliation before filing an action,Payment reminder,Evidence preservation,Civil protection,Civil mediation,Small-amount litigation claim execution,Alternative dispute resolution,arbitration,Writing boundary identificationCan also be represented[12]..The judicial scrivener covers 99.0% of the summary courts due to the characteristic of working at registry offices all over the country, and is expected to be an expert who is easily accessible even in rural areas.[13][14].

History

  • 1872 (Meiji 5) --Judiciary duty system: Birth of a scribe system[15]
    • First generationJudiciaryShinpei EtoDue to the improvement of the judicial system promoted byPrime MinisterA judicial duty system is established without any issues. "Each ward scribe writer, each people's complaint, litigation, litigation, no omission, Karashim," Chapter 10 "Certificate-Author-SpokespersonThe basic functions that support the legal system have been defined in the "Job System". The deed is the currentNotary, The scribe is the currentJudicial scrivener, The substitute is the currentLawyer.
  • 1886 (August 19, 8) --Law No. 13 "Registration Law" (enforced on February 1, 20) is enacted earlier than the Constitution and Civil Code.[16]..It is the law that is the basis of real estate registration and commercial registration, which is the core business of a judicial scrivener.
  • 1890 (23th year of Meiji)- Imperial Japanese ConstitutionEnforcement
  • 1919 (Taisho 8) --Judiciary Scrivener Law Enactment: The "scrivener" under the judicial duties system was legalized as a scrivener, and legally confirmed the difference from the general scrivener who had already done administrative writing.[Annotation 4].
  • 1935 (Showa 10) --Former Enactment of the Judicial Scrivener Law: Changed the name from "Judiciary Scrivener" to "Judiciary Scrivener".
  • 1947 (Showa 22)- The Constitution of JapanEnforcement
  • 1950 (25) --New judicial scrivener law enacted: new under the new constitutionJudicial scrivener lawIs established[15]..The full oversight of the government was abolished.
  • 1978 (53) --Clarified the provisions regarding the purpose of the judicial scrivener system and the responsibilities of the judicial scrivener.Introduced national examination system[15].
  • 2002 (14) --In the reform of the judicial system, business regulations related to summary court proceedings, judicial scrivener corporation regulations, business management business, etc. are established.
  • 2020 (XNUMXnd year of Reiwa) --Establishment of mission rules.It has become possible to establish a judicial scrivener corporation by one judicial scrivener.In addition, the disciplinary authority was changed from the Director of the Legal Affairs Bureau to the Minister of Justice.[17].

mission

The Judicial Scrivenist Law was amended on August 2020, 8, and Article 1 of the Judicial Scrivener Law states that "a judicial scrivener shall be a specialist in registration, deposit, litigation and other legal affairs as stipulated by this law. Our mission is to protect the rights of the people and contribute to the formation of a free and just society. "[Annotation 5].

Qualification / Registration

Qualification to become a judicial scrivener

  • Those who have passed the judicial scrivener examination[18].
  • A person who has been engaged in the duties as a court clerk, court clerk, legal clerk or prosecution clerk for a total of XNUMX years or more, or a person who has equivalent or more legal knowledge and practical experience. Those who have been recognized by the Minister of Justice as having the necessary knowledge and ability to carry out the duties of a judicial scrivener[19].

Details of acquiring qualifications for each route will be described later.

Reason for disqualification

A person who falls under any of the following is not eligible to become a scrivener, regardless of the above.[20].

  • imprisonmentThose who have been sentenced to the above sentence and have completed their execution or have not been executed for more than three years.
  • Minor
  • bankruptcyThose who do not get reinstatement after receiving the decision to start the procedure
  • A civil servant who has been dismissed from disciplinary action and has not passed three years from the date of the disposition.
  • Persons who have been banned from doing business pursuant to the provisions of Article 47 and have not passed three years from the date of the disposition.
  • Persons who have been deregistered as a certified accountant due to disciplinary action, or have been banned from working as a land and house surveyor, patent attorney, tax accountant or administrative scrivener, and have not passed three years from the date of these dispositions.

Adult wardorPerson under ConservationTheDisqualificationThe provisions to be stipulated have been deleted by the "Act on the Development of Related Laws for Appropriate Measures for Restricting the Rights of Adult Guardians, etc." promulgated on June 2019, 6. It was decided to individually and practically examine the situation such as failure and determine whether or not the necessary ability was available.

Registration

To become a judicial scrivener, a person who is qualified to become a judicial scrivenerJapan Federation of Bar AssociationsMust be registered in the list of judicial scriveners[21].. As of April 2020, 4, the number of registered persons was 1 (including 22,724 women, and 4,067 certified judicial scriveners for related business such as summary court litigation agency).[22], The number of judicial scrivener corporations established as of June 2020, 6 is 1[23].

Certified judicial scrivener system

It is a system that allows a scrivener certified by the Minister of Justice to handle certain cases such as civil cases under the jurisdiction of a summary court in the same way as a lawyer, and the certified scrivener is commonly called a "certified scrivener". Being practiced[Annotation 6]..The following conditions must be met in order to be certified by the Minister of Justice.

  • Japan Federation of Bar AssociationsTo complete the course (special training) of the training conducted by the Minister of Justice.[24][25][Annotation 7].
  • Based on the application of the person who has completed this training, the Minister of Justice must be certified as having the necessary ability to carry out related business such as summary court litigation agency.[26].

directed by

Disciplinary action against a judicial scrivener is carried out by the Minister of Justice[27].

Business

The duties of a judicial scrivener are as follows.[28].

Original business

For example,Real estate registration,Commercial registration,Corporate registration,Ship registration,Debt transfer registration,Movable property transfer registrationetc.
For example, each application for registration / deposit procedures, legal bureau procedures such as granting a fixed date, and documents to be attached / provided to these (sales contract, various minutes, articles of incorporation, etc.)[31]) AndReal estate registration rulesProceedings for requesting legal inheritance certification information based on[Annotation 9], Various applications under the self-written certificate will storage system[32] , Naturalization application procedure documents, human rights relief procedure application related documents, etc.
For example, documents prepared to be attached to these petition documents such as complaints, answers, and various appeals, or various documents scheduled to be submitted to these government offices, etc.[35][Annotation 10].
In addition,Legal Affairs Bureau,裁判 所The scope of work also includes the preparation of documents to be submitted to other institutions (such as the prosecution examination committee and ADR institutions).[36].
  • Respond to consultation regarding office work related to the above[37]
  • Submission of prepared documents to the Legal Affairs Bureau, courts, etc.[Annotation 11]

In principle, only qualified personnel can perform these tasks.Monopoly businessIs[38].

Ancillary business

It is believed that all judicial scriveners can perform incidental work based on laws and regulations.[Annotation 12].

  • At the request of the parties or other related parties or commissioned by a public officeTrustee,administratorOther business that holds a position similar to these, manages the business of another person, manages or disposes of the property of another person, or acts on behalf of or assists a person who performs these business.[39]
  • At the request of the parties or other related parties or commissioned by a public officeGuardian,Conservator,Assistant,SupervisorOther services similar to these, acting on behalf of, consenting to or revoking the legal acts of others, or supervising those who perform these services.[40]
  • Holding lectures related to the business of a scrivener or a scrivener corporation, publishing publications and other educational and dissemination work[41]
  • Specified business prescribed in Article XNUMX-XNUMX, Paragraph XNUMX of the Act on Reform of Public Services by Introducing Competition (Act No. XNUMX of XNUMX)[42]
  • Business incidental to or closely related to normal judicial scrivener business[43]

So-calledAdult guardian,Inheritance manager,Absent property manager,ExecutorProperty management business such as[44]It is the basis for business such as witness witnesses of notarial act wills and commissioned deeds of notarial act.

Accreditation business (business related to summary court agency, etc.)

A certified scrivener can perform the following tasks:[45]..However, as a general ruleLitigationThe value of is 140 million yen[46]Limited to those that do not exceed[47].

  • Representation of civil proceedings in summary court
  • Representation of settlement (prompt decision settlement) procedure before filing an action
  • Representation of payment reminder procedure
  • Representation of evidence preservation procedure
  • Representation of civil protection procedures
  • Representation of civil mediation procedures
  • Representation of small-amount litigation claim execution procedure
  • Acting for alternative dispute resolution
  • Acting for ADR (Alternative Dispute Resolution)
  • Acting for arbitration proceedings
  • Consultation of civil dispute
  • Business acting on behalf of the writing boundary identification procedure (only this business can handle up to a total of 5600 million yen in the assessed value of the target land)

Ancillary work

The judicial scrivener can perform the above-mentioned original work, incidental work, and work incidental to the certification work.[48].

Business examples indicated by other laws and regulations

In addition to the above, specific examples indicated by laws, notifications, judicial precedents, etc. as the scope of business are as follows.

  • Real estate registration methodIdentity verification information provision business based on[49]
  • Witnessing business in real estate sales, etc.[Annotation 13]
  • Business required to investigate and confirm the existence of the substantive relationship that is the premise of the registration application[Annotation 14]
  • Report type registration cause proof About confirmation of registration cause etc. in information[50][Annotation 15]
  • Civil Execution LawProcedure for issuing a registration commission according to Article 82, Paragraph 2[51]
  • Becoming a procedure implementer of private dispute resolution procedures (ADR procedures)[52]
  • Inheritance investigation work conducted at the request of the national or local government[Annotation 16]
  • Arbitration LawArbitrator business based on[53]
  • Prosecution examination committeePreparation of documents to be submitted to (examination petition, withdrawal, witness offer, etc.)[54]
  • Preparation of complaints / accusations to be submitted to the police station[55]
  • Registration, court procedures, etc. Preparation of documents to be submitted to public offices (taxes, requests for certification of public dues, etc.[56]
  • Commissioned agency business for notarial act creation for notaries[57][Annotation 17]
  • Deputy fixed date granting procedure for notaries[Annotation 18]
  • Witness witness work in making a notarial will[58][Annotation 19]
  • Procedures based on religious corporations to be exempt from registration and license tax (so-called precinct certification procedures)[59]
  • Creating a petition to an ADR institution[Annotation 20]
  • Real estate registration methodInvestigation of the whereabouts of the mortgagee in the so-called dormant security interest cancellation procedure stipulated in Article 70, Paragraph 3[Annotation 21].
  • Real estate registration methodActing as an agent for the receipt notice sent to the debtor in the so-called dormant security interest cancellation procedure stipulated in Article 70, Paragraph 3.[60].
  • Heir investigation / confirmation work when the work stipulated in the Judicial Scrivener Law is planned[61][63]
  • Creating a simple legal document in the name of the person accompanying legal advice (for example, notice of statute of limitations)[64][Annotation 22]
  • Liability insurance claim agency for up to 140 million yen, victim claim agency for residual disability, and preparation of documents created in the process of handling these legal affairs[65][Annotation 23]
  • Of the registrations related to display, the following registration application procedure (However, registration of 3 to 6 is limited to the case where the required drawings prepared by the land and house surveyor are attached)[66]
    1. Registration of change or correction of owner display
    2. Registration of rectification of co-ownership
    3. Registration with a copy of the trial attached
    4. Registration by creditor subrogation
    5. Registration of division or merger of land or house by heir
    6. Registration of division of land / building with the document of Article 83, Paragraph 3 of the Old Real Estate Registration Law (including the case where it is applied mutatis mutandis in Article 93-2, Paragraph 2 of the same law)
    7. Registration of land change pertaining to permission under Article 5 of the Agricultural Land Law with the certificate of status of the Agricultural Commission attached
  • At the request of the parties concerned, registration under the provisions of the second sentence of Article 49, Paragraph 1 of the Real Estate Registration Law (registration of the title of the building for the building after the merger and deletion of the registration of the title of the building for the building before the merger) Doing the part (Land surveyorOnly when with)[67]
  • Application for status proof (non-farmland proof) application to the Agricultural Commission[68][Annotation 24]

Crackdown on non-judicial scrivener

  • A person who is not a judicial scrivener or a judicial scrivener corporation (excluding the public commissioned registered judicial scrivener association) who is a member of the judicial scrivener association performs the business of a judicial scrivener, or names a judicial scrivener or a judicial scrivener corporation or a name confusing with this If used, less than 1 yearImprisonmentOr less than 100 yenfineTo be dealt with[69] [Annotation 25].
  • The work stipulated in the Judicial Scrivener Law also applies to the general legal affairs of the Lawyer Law.[Annotation 26]Therefore, you may be accused of violating the lawyer law due to the fact that you violated the scrivener law.[70].
  • Article 73 of the Judicial Scrivener Law excludes cases where other laws provide otherwise, but the "other laws" are limited to the Lawyer Law and the Land and Building Investigator Law, and do not include the Administrative Scrivener Law.[71].
  • It is said that it may not violate Article 73 of the Judicial Scrivener Law if it accompanies legitimate business in the interpretation of the Judicial Scrivener Law.[72]..However, incidental acts that do not violate Article 73 of the Judicial Scrivener Law are said to be interpreted exceptionally and in a limited manner due to the historical background in which registration work, etc. is concentrated on judicial scriveners.[Annotation 27]
  • Currently, the precedent is recognized as a case where it does not violate Article 73 of the Judicial Scrivener Law as an incidental act, when it is incidental to the work entrusted by a certified public accountant or assistant accountant, preparation of registration application documents for company establishment registration. And registration application agency[Annotation 28]When doing[73], When an administrative scrivener obtains a copy of a register or a seal stamp certificate in connection with performing the legal work of an administrative scrivener[74], Creation of a request for issuance of a will information certificate or a request for issuance of a will storage fact certificate among the documents submitted to the Legal Affairs Bureau based on the self-written will storage system[Annotation 29]3 points.
  • It is said that it may not violate Article 73 of the Judicial Scrivener Law if it accompanies legitimate business in the interpretation of the Judicial Scrivener Law, but administrative scriveners are judicial even if they accompany legitimate business as well as the original business. The interpretation is confirmed by the Supreme Court case that it is not possible to perform scrivener work[75].
  • Regarding the Marine Procedure Commission Agent, the Marine Procedure Agent, who was the predecessor of the system before the establishment of the system, was allowed to perform the above-mentioned incidental act regarding ship registration.[76]..Since it was confirmed by the enactment of the Act on Marine Procedure Agent that it can be performed as an incidental act under the law, it is interpreted that the "Other Laws" in Article 73 of the Judicial Scrivenizer Act does not include the Act on Marine Procedure Agent.[Annotation 30].. For this reason, the judicial scrivener and the Marine Procedure Agent are jointly responsible for ship registration.
  • There are no penalties for accreditation work under the Scrivener Law, but this work isLawyer lawIt is a violation of the Lawyer Law if an unqualified person goes through it because it is a special provision of the law.[77].
  • Document preparation work by non-judicial scriveners (preparation of documents to be submitted to the Legal Affairs Bureau or the District Legal Affairs Bureau, preparation of documents to be submitted to the court or the public prosecutor's office) is also subject to control.[78]However, since there are no restrictions other than Article 3 of the Scrivener Law, all documents submitted and provided are included, not limited to documents that meet certain requirements due to legal requirements. In addition, since there is no time limit regarding the time of preparation, it will be subject to crackdown even if it is scheduled to be submitted to the Legal Affairs Bureau, District Legal Affairs Bureau, courts, and public prosecutors office in the future.[79].
  • Document preparation work (preparation of documents to be submitted to the Legal Affairs Bureau or the District Legal Affairs Bureau, preparation of documents to be submitted to the court or the public prosecutor's office) includes preparation of application forms, petition forms, and attached documents. Since the attached documents of legal documents such as, etc. are also integrated with the legal documents, it is not possible to judge by separating only the attached documents as independent documents.[80].

Business restrictions

  • A judicial scrivener cannot perform any business that is considered to be a normal judicial scrivener business, but whose business is restricted by other laws.[81].
  • Since Article 3 of the Law has the property of reducing the work of Article 8 of the Law, it is said that if it exceeds the scope of work, it will be a problem of violation of Article 3 of the Attorney Law.[82][83].

組織

Japan Federation of Bar Associations

Japan Federation of Bar AssociationsIs a superordinate organization of the Scrivener Association established in each jurisdiction of the Legal Affairs Bureau or the District Legal Affairs Bureau.

Scrivener Association (Unit Association)

A judicial scrivener shall establish a judicial scrivener association by establishing bylaws for each jurisdiction of the jurisdiction of the jurisdiction of the jurisdiction of the office or the jurisdiction of the district judicial scrivener.The purpose of the Scrivener Association is to maintain the dignity of the members and to carry out the affairs related to the guidance and communication of the members in order to improve and progress their business.

  • To establish or change the constitution of the Scrivener Association, the Minister of JusticeAuthorizationMust be received (Article 54 of the Judicial Scrivenist Law).
  • If the member of the judicial scrivener association considers that the member violates this law or an order based on this law, the judicial scrivener association shall report to that effect to the head of the judicial bureau or district legal bureau having jurisdiction over the location of the office of the judicial scrivener association. Must be done (Article 60 of the Judicial Scriveners Act).
  • When the head of the Legal Affairs Bureau or the District Legal Affairs Bureau finds it necessary, he / she investigates the registration application form and other related materials held by the Legal Affairs Bureau or the District Legal Affairs Bureau regarding the existence of facts that violate the provisions of the law or orders based on the law (judicial). Investigations regarding violations of the Scrivener Law, etc.) can be commissioned to the Judicial Scriveners Association established within the jurisdiction (Article 41-2 of the Judicial Scriveners Law Enforcement Regulations).

Public Contract Registration Judicial Scrivener Association

Public Contract Registration Judicial Scrivener AssociationIs an incorporated association stipulated in Article 68 of the Judicial Scrivener Law in order to grant the judicial scrivener authority to a corporation and to properly and promptly handle the commissioned registration of public offices that occurs in large numbers due to the implementation of public works projects.A major feature of commissioned registration is that, in principle, the general registration application procedure is a joint application of the parties, but the commissioned registration procedure is unilateral from the public office even if the public office is the right holder or the obligor. The point is that it is done by commission.Employees are judicial scriveners and judicial scrivener corporations.

Other judicial scrivener related organizations

In addition to the above organizations, the following judicial scrivener-related organizations (voluntary) are active nationwide.

Qualifications/Licenses

test

The first route to becoming a scrivener isMinistry of JusticeTo pass the judicial scrivener examination conducted by.The judicial scrivener examination is an examination that selects regardless of age, gender, or nationality.A written test is first conducted, and then an oral test is conducted for those who have passed the written test.

Written exams are usually held in the first (or second) week of JulySundayTo eachLegal Affairs BureauIt is conducted at the test site under the jurisdiction.

In the morning session, 35 multi-limb alternative questions will be answered in 2 hours.The subject isConstitution,Civil law,Criminal law,Commercial law(Company lawQuestions will be given from 4 subjects (including laws and regulations in other commercial law fields).

In the afternoon session, 35 multi-limb alternative questions and 2 descriptive questions will be answered in 3 hours.科目は、択一ではThe subject is an alternativeCivil Procedure Code,Civil Conservation Law,Civil Execution Law,Judicial scrivener law,Deposit Act,Real estate registration method,Commercial registration methodQuestions are given from 7 subjects, and in the descriptive formulaReal estate registration method,Commercial registration methodWill be asked from.

These 11 subjects are examination subjects, and civil law, real estate registration law, commercial law, and commercial registration law are collectively called the four major subjects, and account for most of the questions.In the written test, if a certain score is not reached in each of the morning part multiple choice type, the afternoon part multiple choice type, and the descriptive type, it is a mechanism to fail.

Oral exams are held annually around mid-October.The exam subjects are from the same range as the written exam (however, it is a formal exam that almost all examinees pass every year).Even if it fails, those who pass the written examination will be exempted from the written examination of the next judicial scrivener examination (Article 10, Paragraph 6 of the Judicial Scrivener Law).

When announcing the passing of a written examination, the examination number of the person who took the examination and passed the examination at the examination place will be posted at the Legal Affairs Bureau or the District Legal Affairs Bureau that has jurisdiction over the examination place in early October every year.It will also be posted on the Ministry of Justice website.The announcement of the final pass will be made in early November every year at the Legal Affairs Bureau or the District Legal Affairs Bureau that has jurisdiction over the test site, and the test number and name of the person who passed the test at the test site will be posted.It will also be posted on the Ministry of Justice website, but this is only the examination number.For the final successful applicants, the examination number and name will be published in the official bulletin after a short period of time after the above announcement.

年度Applicant (person)Candidates (people)Successful applicants (people)Pass rate
XNUMX year18,234-4062.2%
218,533-4082.2%
318,599-4082.2%
418,339-4032.2%
518,044-4052.2%
618,266-4402.2%
717,682-4792.7%
819,090-5042.6%
921,158-5392.5%
1021,475-5672.6%
1121,839-5772.6%
1222,715-6152.7%
1323,190-6232.7%
1425,416-7012.8%
1528,454-7902.8%
1629,958-8652.9%
1731,061-8832.8%
1831,87826,2789143.5%
1932,46926,8609193.4%
2033,00727,1029313.4%
2132,55826,7749213.4%
2233,16626,9589483.5%
2331,22825,6968793.4%
2429,37924,0488383.5%
2527,40022,4947963.5%
2624,53820,1307593.8%
2721,75417,9207073.9%
2820,36016,7256603.9%
2918,83115,4406294.1%
3017,66814,3876214.3%
Year of the reunification16,81113,6836014.4%
Reiwa 2nd year14,43111,4945955.2%
Reiwa 3nd year14,98811,9256135.1%

Experienced in work

The second route to becoming a scrivener is from those who have a certain jobMinister of JusticebyExaminationIt is to obtain the qualification of a judicial scrivener through.Article 1 of the Minister of Justice's "Instruction on Qualification of Judicial Scrivener" states that the following persons may request the Minister of Justice to qualify. (1) 裁判 所Clerk,Court clerk,Legal clerkorProsecutor's officePersons who have been engaged in registration, deposit or litigation affairs, or legal affairs equivalent to these affairs, and who have been in a position to judge these affairs at their own risk for a total of 10 years or more, (2) Simple Court JudgeorDeputy prosecutorAs a result, persons who have been engaged in the duties for a total of 5 years or more are stipulated.It is stipulated that the judgment when the person asks for qualification shall be made by dictation and, if necessary, written method.

After obtaining the qualification

Jurisdiction over office location after passing written and oral exams or after obtaining approval from the Minister of JusticeScrivener Association(There are 4 scrivener associations in Hokkaido, and there are 50 unit associations in total)Japan Federation of Bar AssociationsBy being registered in the list of judicial scriveners performed by, you will be able to perform business as a judicial scrivener.Also,Judicial scrivener corporationCan also be established.

In addition, although the system allows you to join and register immediately after acquiring the qualification by law, many successful applicants received training sponsored by industry groups, entered senior offices, and received training for several years. It is common to register and open a business above.

Examination of ability certification of proceedings, etc.

A competence test is conducted to determine that the Minister of Justice has the abilities necessary to carry out related business such as proceedings in proceedings. It is usually held on the first Sunday of June, and the results will be announced around September 6.[84].

年度Candidates (people)Successful applicants (people)Pass rate
153,7882,98978.9%
16 (XNUMXst time)4,4033,41377.5%
16 (second time)3,4392,34268.1%
171,64096658.9%
181,56596965.9%
191,6091,14871.3%
201,44593564.7%
211,49389559.9%
221,5311,05368.8%
231,39191765.9%
241,25982965.8%
251,19683069.4%
261,06274169.8%
2798764965.8%
2894055659.1%
2991552657.5%
3087437743.1%
Year of the reunification93674679.7%
Reiwa 2nd year62549479.0%
Reiwa 3nd year59141770.6%

Other

  • Money Lending Business LawSubject to regulationsMoney lenderIf you receive a notice of acceptance (notice that you have been entrusted with the processing of debt) from a judicial scrivener (including a judicial scrivener corporation regardless of whether it is certified or non-certified), etc., there are certain restrictions on the collection method.[85].
  • NotaryStipulated in Article 13-2 of the ActNotaryOne of the qualifications for open recruitment of (specially appointed notary public) is that those who have more than 15 years of practical experience as a judicial scrivener are stipulated.[86].
  • BailiffA judicial scrivener is listed as one of the qualifications for the recruitment examination.[87].
  • Reserve SDFQualified for (legal) appointment[88].
  • The judicial scrivenerLay judgeCan't get a job[89].
  • The judicial scrivenerProsecution examination committee OfProsecution judgeCan't get a job[90].
  • Judicial scrivener is exempted from some subjects in the patent attorney examination[91][92].
  • For those who passed the judicial scrivener examinationSocial insurance laborerQualify for the exam[93][94].
  • If you are a judicial scrivener and have more than 10 years of work experienceParliamentarian policy secretaryIt is said that those who can receive the selection and employment examination certification (special employment examination, not general examination)[95].

badge

Of the judicial scrivenerbadge(badge) Is "XNUMX paulownia flowers".It is 13 mm in diameter and about 3 mm thick, and has a through numbering on the back.The scrivener emblem is lent after joining the scrivener association (the loan fee is 6500 yen until the refund), and must be promptly returned to the scrivener association when the withdrawal notice is submitted or when the business is suspended.

footnote

[How to use footnotes]

注 釈

  1. ^ Real estate registration, company / corporation commercial registration, movable property / credit transfer registration, ship registration, etc.
  2. ^ Adult guardian・ ・Absent property manager-Executorな ど
  3. ^ Ministry of Health, Labor and WelfareIn the occupation classification table of, the judicial scrivener is classified as "judicial scrivener" (17) of "legal occupation" (175) of "professional / technical occupation" (B).[9].Ministry of Internal Affairs and CommunicationsAccording to the Japanese standard occupational classification, it is classified as "legal worker" (middle classification 17) "judicial scrivener" (175) of "professional / technical worker" (major classification B)[10].. Also from the Ministry of Internal Affairs and CommunicationsJapanese standard industry classificationThen, the judicial scrivener office (7221) is classified as "specialized service industry (not classified elsewhere)" (middle category 72) of "academic research, specialized / technical service industry" (major category L).[11].
  4. ^ It is persuasive to think that the judicial scrivener and the administrative scrivener were not separated from the substitute scribe in the judicial duty system, but were established and developed separately. (Monthly Report, Judicial Scrivener No. 533, p. 76, Social Role of Judicial Scrivener and Future, p. 5).
  5. ^ According to the Ministry of Justice's commentary on "other legal affairs," adult guardianship, property management, and civil trust services are shown as examples. (Registration Study No. 863, p. 19 Hideki Muramatsu: Chief of Civil Affairs Division XNUMX, Civil Affairs Bureau, Ministry of Justice, Kei Takeshita: Director of Civil Affairs Bureau, Ministry of Justice and Director of Proper Placement Countermeasures Office, Takayuki Nakamaru: With Civil Affairs Bureau, Ministry of Justice Explanation of the law that partially amends the Land and Building Investigator Law)
  6. ^ "Certified judicial scrivener" is not a formal legal name, but any of the items in Article 28 of the Judicial Scrivener Law, such as June 6, 27 and July 29, 7. It is also called a "certified judicial scrivener" (hereinafter referred to as "certified judicial scrivener"), and this name is generalized.
  7. ^ A competence test is conducted to determine that the Minister of Justice has the abilities necessary to carry out related business such as proceedings in a proceedings, and if it is judged that there is a certain degree of mastery, it will be certified. (Article 11 of the Enforcement Regulations of the Judicial Scrivener Law)
  8. ^ In addition to the registration agent, this work also includes investigation of the cause of registration and identity verification (Judicial Scrivenger Law, May 13, 5, Saitama District Court, July 10, 19). .7 etc.).
  9. ^ July 29, 7 By the administrative contact of the Civil Affairs Division 5, Ministry of JusticeJob billingCan also be used.
  10. ^ There is an old precedent that "various contract documents related to rights and obligations" are included (November 36, 11, the Covenant of the Writer's Union, March 5, 11, response from the Director of the Civil Affairs Bureau), and a wide range of legal documents can be prepared. It is the basis for being able to do it.
  11. ^ Although there is no clear legal provision, it is naturally included in the administrative interpretation along with the "creation" work.January 29, 1 Civil A No. 13 Legal Affairs Vice-Minister's reply, March 2553, 28 Civil A No. 3 Civil Bureau Director Telegram reply
  12. ^ These "decree, etc." include formal laws, orders enacted by administrative organs, Supreme Court rules, ordinances / rules and other regulations enacted by local governments, administrative agency directives, customary law, factual customs, etc. It is understood that the rules, regulations and rules of the Judicial Scrivener Association are widely included.In addition, since it is supposed to include those that are not prohibited by judicial scriveners by special laws and regulations, the judicial scrivener law enforcement regulations Article 31, Paragraph 1, Item 5 of the Judicial Scrivener Law Enforcement Regulations are natural persons. It is supposed to include all the work normally performed by a judicial scrivener (Note: Judicial Scrivener Law p250)[Detailed information for identifying documents])
  13. ^ In the court case, it is regarded as a "publicly known fact", and the business is recognized and the obligation to compensate for damages is recognized regarding the commissioned work. May 63, 5 Osaka District Court Judgment No. 25, p. 1316. Others December 107, 25 Yokohama District Court decision, etc.
  14. ^ Commentary Scrivener Law (37rd edition) p61.In the case law, it is obligatory to investigate and confirm the existence of the substantive relationship that is the premise of the application for registration (January 1, 27, Osaka District Court Decision Judgment Times No. 612, p. 59, Jihosha Jihosha, No. 1208, p. 96), and the judiciary. When a scribe accepts the registration application procedure, the judicial scribe who is the delegate is required to handle the other alternative affairs except for acts that can only be done by the delegator (62). January 1, 30 Kyoto District Jihosha Jihosha Jihosha No. 1246, p. 122) Therefore, for example, to investigate the existence of non-agricultural land and to confirm the practice of the procedures stipulated in the Religious Corporation Law for property disposal, etc. As an agent, you will be obliged under the judicial scrivener law.Therefore, confirmation of facts, preparation of documents, consultation, etc. necessary for fulfilling these obligations are the duties of a judicial scrivener.
  15. ^ When creating the registration cause certification information as a business (it is necessary to state in the power of attorney that the authority has been granted for the creation of the registration cause certification information) at the request of the parties, the person who created the registration cause certification information The seal of a certain registration right holder and registration obligor is required (however, the seal of the registration right holder is not always necessary), and the fact that the qualified agent has confirmed the cause of registration is as follows: (1) Date and place of confirmation・ Attendants, etc., (2) Confirmed facts (identification of both the registration right holder and the registration obligor, sales contract, payment and receipt, receipt, etc.), (3) Other useful information for a later date (A copy of the receipt, etc.), and after confirming the last confirmation, the name and job seal will be affixed based on the provisions of Article 28 of the Judicial Scrivener Law Enforcement Regulations.In the same document, the mandates referred to as "all matters related to registration application" include the mandates related to the preparation of documents to be submitted to the Legal Affairs Bureau, so these mandates are also possible.
  16. ^ September 29, 9 Ministry of Justice Civil System No. 13 Ministry of Justice Civil Bureau Director's request states that when outsourcing the heir search business to a scrivener, a copy of the family register, etc. can be investigated by a request from the scrivener. The Ministry of Land, Infrastructure, Transport and Tourism guidelines provided are incorporated.In addition, on July 70, 29, the Civil Affairs Bureau of the Ministry of Justice has arranged the acquisition of family register by request for duties on the premise that heir investigation work can be performed in response to the chairman of Nijiren No. 7.
  17. ^ The "Judiciary Scrivener Compensation Standard", which was abolished on January 15, 1, has an item for commissioning a notarial act, and since this compensation standard was approved by the Minister of Justice, the Ministry of Justice has decided to make it workable. I have admitted it for a long time.
  18. ^ The "Judiciary Scrivener Compensation Standard", which was abolished on January 15, 1, has an item for acting as a definite date granting procedure, and since this compensation standard was approved by the Minister of Justice, the Ministry of Justice is responsible for its business performance. It is understood that he had previously admitted.
  19. ^ Judgments have been made on the premise of the workability of the judicial scrivener who witnessed in recent court cases (Osaka High Court decision on March 19, 3, Tokyo High Court decision on July 16, 22, etc.), etc. It is also recognized in the response from the President of the Japan Scrivener Association, dated April 7, 15.
  20. ^ After discussions between the Ministry of Justice and the Japan Association of Scrivener Associations, the treatment can be treated as equivalent to "preparation of documents to be submitted to the court". In addition, based on the results of the discussion, it was decided from the Japan Legal Support Center Headquarters on October 24, 10 that the administrative scrivener's nuclear power plant ADR document preparation will be covered by the earthquake disaster document preparation assistance by the documents addressed to each regional office manager and branch manager. Has been done.
  21. ^ According to the same question and answer session of the Chief Registrar's Association in 63 (so-called Q & A at the time of special setting), "There is no problem with the judicial scrivener acting on behalf of the registration. There is no need for a special authorization to revoke the mortgage because it is a substitute for the mortgage, "said the Civil Affairs Bureau of the Ministry of Justice. (Civil Monthly Report Vol. 44 Extra P178-P202)
  22. ^ Article 17 of the Japan Legal Support Center Business Procedure Manual stipulates that the business should be assisted.
  23. ^ These are judicial precedents related to the Attorney Act, but it is understood that it is possible to carry out business within the scope of the certified judicial scrivener system, which is a special law of Article 72 of the Attorney Act.
  24. ^ In the Agricultural Land Law-related paperwork procedure (Agricultural Land No. 45, December 12, 1), the applicant for the status proof is defined as "a person necessary for registration of rights, etc." It is said that it can be done not only in the change registration but also in the scene necessary for the registration of the right.
  25. ^ 第3条第1項第1号から第5号までに規定する「業務」の定義は反復継続する意思で第3条第1項第1号から第5号の事務を行うことであり、反復継続する意志があれば、報酬を得る目的は必要ではないとされている(注釈司法書士法、最高裁昭和39年12月11日第2小法廷判決、大審院昭和9年3月16日判決(司法代書人法時代)。)
  26. ^ The judicial precedent has traditionally taken this view (November 7, 11, Tokyo High Court decision), but on June 29, 6, a law (decree) to partially revise the Judicial Scrivenist Law and the Land and Building Investigator Law. With the enactment of the Law No. 6 of the First Year of Japan (promulgated on the 29th of the same month and enforced on the 12st of August XNUMXst of the XNUMXnd year of Reiwa), it has been clearly stipulated in the Judicial Scrivenger Law.
  27. ^ 平成9年5月23日仙台高等裁判所判決では「登記業務が原則として司法書士に集中された理由に鑑みると、右のような通達(昭和25年7月6日民事甲第1867号民事局長通達。昭和35年7月29日民事甲第1899号民事局長通達)による取扱いは、あくまでも例外的かつ限定的なものと解される」としている。
  28. ^ The Ministry of Justice has indicated that it is an incidental act and cannot be registered independently, and that the type of registration is limited to establishment registration and other change registrations cannot be made (July 37, 7). Civil A No. 20 Civil Bureau Director Partial Change Instruction)
  29. ^ Only when it is actually necessary for a non-judicial scrivener company to submit a will information certificate or a will storage fact certificate to a third party in order to carry out the business of each other professional business under the law. Yes (August 2, 8nd, Minji No. 5, Civil Affairs Bureau Director's reply)
  30. ^ Note The Act on Marine Procedure Agents p.473 stipulates that the Act on Marine Procedure Agent does not fall under Article 73 "Other Laws" of the Act on Marine Procedure Agents. The 10th Parliamentary Transport Committee Deputy Secretary of Transport Legislation Explanation of the purpose of the legislation, editorial Recent movements of the law (No. 41) From the law related to legal affairs that passed the 17th Parliament (Masao Samejima: Director, Legal Affairs Bureau, House of Representatives, Registration Study No. 1 ), It is clear that the Judicial Scrivener Law applies to the proviso of Article XNUMX, Paragraph XNUMX of the Maritime Agent Law, "when other laws and regulations have special provisions", and the judicial scrivener is a ship due to the enforcement of the Maritime Agent Law. There is no concern that registration will not be possible, and the Ministry of Transport, the planning authority, is thinking in the same way. "

Source

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  49. ^ Real estate registration methodArticle 23
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