Symposium on "Prolonged Recession and the Consumer"

Abstract

The Japanese Association of Law and Political Science held its 100^<th> Seminar at Kansai Gaidai University on June 19^<th> and 20^<th> in 2004. The symposium titled "Prolonged Recession and the Consumer" took place from 9:30 am to 12:00 noon on the 20^<th>. Since the collapse of the "bubble economy" of the early 1990's, the Japanese society has experienced prevailing recession, and citizens don't feel even today that the economy has really improved yet. Under these circumstances, it is reported that there has been a rapid increase of the incidents involving the consumer and the damage continues to spread. Therefore, the symposium focused on these consumer troubles. Four panelists from different disciplines reported their studies and a lively discussion followed.First, Professor Kazutaka KOJIMA (Chubu Gakuin University) made a report entitled "A review of consumer administration in Japan-a history of the administration and The Consumer Fundamental Act (2004)-". He illustrated the increasing consumer troubles based on a recent study, and analyzed the current consumer protection measurers that the national and local governments have in place. The Consumer Protection Fundamental Act of 1968 was revised and the Consumer Fundamental Act was enacted on May 25, 2004. Professor Kojima explained that with this revision, the national government's policy changed from "protection" of the consumer to "support" of the consumer for "self-reliance". Therefore, he stressed the importance of the consumer education by the government. Secondly, Professor Yoshiyuki NAKAJI (Ohtsuki ,City University) gave a report on "Resolution and claim handling with respect to the consumer trouble". He discussed the importance of speedy and low-cost solutions to resolve consumer troubles especially during the recession. He analyzed various resolution methods in detail with different features and stated that each method has its own strength and weakness. He concluded that each consumer has to have a clear understanding of his or her needs and priorities, so each person can choose the best method. Next, Professor Hiromasa HAYASHI reported on "On the Criminal Approach to the Consumer Problems". He listed four patterns of business crimes committed in the economic expansion period between the 1970's and the early 1990's. Since it was difficult to apply the traditional provisions such as fraud and misappropriation charges to these crimes, special new legislation was made to address them. With regard to the economic crimes involving the consumer since 1990's, Professor Hayashi assumed that blackmail or fraud charges could be made, but he also pointed out that the most critical part is overcoming the expected difficulties to substantiate the charges. He then proposed establishing a victim's relief fund by confiscating the proceeds from such crimes. The last speaker was Professor Masaki SAKURAMOTO, reporting on "Consumer Bankruptcy -Mainly from the View Point of Discharge-". After pointing out the sharp increase of consumer bankruptcy cases, Professor Sakuramoto introduced some typical profiles of the bankrupt consumer. He discussed the legal and social disadvantages as well as the rights and the obligations of the bankrupt individual. Furthermore, he argued that the bankrupt have the right for discharge in bankruptcy, therefore they should be allowed to be forgiven for their debts, if there is a possibility for them to rehabilitate. He concluded that the only exception should be when the individual was convicted of any bankruptcy crime, in which case, the decision should be made taking all the facts into consideration. After the reports by the panelists, Professor Yoshinobu ARAKI (Musashino University), Professor Koutaku ISHIDOU (Chukyo University), and Professor Koichi

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