Fonds/Series
Original Records of Civil Actions
Hierarchy
- Title
- Original Records of Civil Actions
- Date
- 1870-1967
- Level of Description
- fonds
- Administrative / Biographical History
- "Shihosho (Ministry of Justice)" was established in the 4th year of Meiji (1871), and courts such as the Temporary Court of the Ministry of Justice, the Court of the Ministry of Justice, and prefectural courts, were also set up on August 3, 1872.On April 14, the 8th year of Meiji (1875), judicial power was handed over from the Ministry of Justice to Daishin-in (Supreme Court) which was established as the highest organ of the judicial branch.On May 24, the 8th year of Meiji (1875), Joto Saibansho (Appellate Courts) and Fuken Saibansho (Prefectural Courts) were set up under Daishin-in, and Fuken Saibansho turned to be Chiho Saibansho (District Courts) after September 13, the 9th year of Meiji (1876) . In addition, Ku Saibansho (Ward Courts) were established pursuant to a tentative regulation of September 27, the 9th year of Meiji (1876). Associated with the enforcement of the Criminal Procedure Law on January 1, the 15th year of Meiji (1882), lower courts were renamed as follows:(コロン); Joto Saibansho first became Koso Saibansho, and subsequently, Kosoin effective May 4, the 19th year of Meiji (1886); Chiho Saibansho became Shishin Saibansho; and Ku Saibansho became Chian Saibansho.Given the establishment of the Constitution of the Empire of Japan (Meiji Constitution), the Act of the Constitution of Courts put into effect on November 1, the 23rd year of Meiji (1890), provides that Japanese modern court system is composed of Daishin-in, Koso-in, Chiho Saibansho and Ku Saibansho.Pursuant to the new Constitution and the Court Act, both of which were put into effect on May 3, the 22nd year of Showa (1947), the Supreme Court, High Courts, District Courts and Summary Courts were established, while and Daishin-in was abolished.
- Source of Transfer or Acquisition
- The Supreme Court of Japan. The agreement "Necessary Measures for Appropriate Preservation of the Historical Public Records and Archives"made as of August 5, 2009, by and between the Prime Minister and the Chief Justice of the Supreme Court.Due to the agreement, the following records that retention period is expired will be transferred to the National Archives of Japan.1) Historical records of civil action such as written judgement etc. (original records of civil action, and preserved case records of civil action based on paragraph 2, Article 9 of "Jiken Kirokutou Hozon Kitei (Instructions for Preservation of Case Record)")2) Judicial Administrative Records concerning important issues of management in courts. For example, important policies concerning judicial administrations that allow tracing of past major activities in courts. Before the agreement was made that, only original judgment records of civil actions created by in the lower courts (i.e. appellate courts and district courts) from the 7th year of Meiji (1874) to the 18th year of Showa (1943) and stored at national universities were transferred to the National Archives (See the description of the fond"Original Records of Civil Actions transferred from National Universities" for details). Accordingly, Judicial documents and judicial administrative records created by in the Supreme Court (including Daishin-in), as well as judicial documents created by the lower courts after the 19th year of Showa (1944), had never been transferred. In 2009, the first transfer plan of judicial documents was agreed upon and originals of judgment documents of civil cases created by the Supreme Court from the 8th year of Meiji (1875) to the 30th year of Showa (1955) were transferred to the National Archives following by the transfer plan. This was also the case with, the records of civil cases preserved pursuant to Article 9, paragraph 2 of "Jiken Kirokutou Hozon Kitei (Rules for Preservation of Case Records)."1,579 volumes out of 1,642 volumes transferred in FY2009 were records of in the age of Daishin-in.Judicial documents stored at High Corts, District Courts and Summary Courts were transferred in three times. First, in FY2010, 983 volumes were transferred from the courts under the jurisdiction of the Nagoya High Court, the Sendai High Court and the Takamatsu High Courts. Secondly, in FY2011, 642 volumes were transferred from the courts under the jurisdiction of the Sapporo High Court and the Fukuoka High Court. Lastly, in FY2012, 1,183 volumes were transferred from the courts under the jurisdiction of theTokyo High Court and the Hiroshima High Court.
- Related Material
- <a href="http://www.digital.archives.go.jp/DAS/meta/Fonds_en_F2005033120103303454" target="_blank">Original Records of Civil Actions transferred from National Universities</a>
- Publication Note
- <a href="http://www.archives.go.jp/publication/archives/wp-content/uploads/2015/03/acv_38_p40.pdf" target="_blank">Hasegawa, Kumi and Arii, Hiromitsu. "Saibansho ga Hoyusuru Rekishi Kobunsho no Ikan (Transfer of the Historical Public Records Held by Courts)." Archives 38 (2009): </a>、<a href="http://www.archives.go.jp/publication/archives/wp-content/uploads/2015/03/acv_38_p461.pdf" target="_blank">Yoda, Takeshi. "Shihofu kara Kokuritsu Kobunshokan heno Kobunsho no Ikan ni tsuite (Transfer of Public Records from the Judicial Branch to the National Archives of Japan)." Archives 38 (2009):</a>、Asako, Hiroshi. "Nihon Hoseshi (Japanese Legal History)." Hogaku Kyoshitsu 280 (2004): 72-78; 281 (2004): 97-105; 282 (2004): 81-88.
https://www.digital.archives.go.jp/fonds/en/3609949
[Fonds/Series] "Original Records of Civil Actions", National Archives of Japan Digital Archive, https://www.digital.archives.go.jp/fonds/en/3609949（accessed 2026-06-08）
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