L’impact et les limites de l’action de groupe : vers une judiciarisation de la société japonaise ?

Abstract

At the beginning of the 21st century, a reform of the judicial system was carried out, essentially aimed at increasing the number of lawyers and opening public participation. In this context, a new class action legislation was promulgated in the field of consumer law to prevent instances of commercial malpractice and as a mechanism to recover damages from professionals in cases involving large numbers of consumers. This article examines how and the extent to which the new class action system contributes to the expansion of the judicial function. It also examines the potential for wider acceptance of this type of legal action within Japanese society.

Keywords

• judicialization
• Japanese society
• contemporary lawsuits
• class action
• consumer law