Shinpei Eto was appointed to the Minister of Justice in April 1872, nine months after the creation of the Ministry. At the time of the appointment, he hoped to travel to Europe and the United States to study the judicial systems of Western countries. In order to establish governing machinery comparable to the Western powers and renegotiate unequal treaties between Japan and the leading Western powers, however, immediate judicial reform was the urgent task for the new Meiji Government. Consequently, Eto abandoned his plan to travel abroad, and initiated ambitious reform of the antiquated judicial system.
Eto as the Minister of Justice was the driving force in designing the following plans for the reform. First, transfer of judicial authority from the local magistrates to the Ministry of Justice and implementation of the new court system throughout the land. Secondly, modernization of due process, namely, (1) separation of judicial power from administrative power, (2) establishment of public prosecutor, (3) establishment of graffer and counsel, (4) adoption of appeal procedures to the higher courts, and (5) establishment of administrative jurisdiction. Thirdly, empower the Ministry to draft and review code. The majority of these reform plans were carried out. The establishment of the new court system and judicial review, however, did not progress well because of interferences by the Ministry of Finance and Shoin. After all the Ministry of Justice established courts in only sixteen prefectures, and the powerful Shoin did not give away its authority for judicial review to the Ministry of Justice.
In May 1873, the government changed the judicial system again, which was a retreat from the reform under Eto. After the change, a Sangi from the Shoin could sit in the highest courts and intervene in court procedures. The Ministry's authority for drafting code was also deprived by the Shoin. Nevertheless, Eto's judicial design became the foundation of the judicial system for modern Japan.
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