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Monday, August 17, 2015

Draw a Court Process in BPMN (flow of Civil Litigation)

Most of what is called "rule" are described in "text".
  • Law
  • Administrative Procedures
  • Company regulations
  • School regulations
And therein, the "flow of the procedure " is also described.

Needless to say, the costs for "understanding the entire rule" would be significantly reduced if there was a"Process Diagram". The Process Diagram, "Deliberation Process on the Bill" which I have introduced in the last article, is also very useful for understanding the Japanese legislative rules.

The following Process Diagram, which I am going to introduce this time, is "Court Process for Civil Litigation."

The "judicial rules" in Japan has been drawn there, and it can be said that is an effective figure for understanding the "Three-trial system" or "positioning of the summary court". For example, if they have embedded this diagram onto their website, it would surely contribute to the understanding of site visitors.

Incidentally, please be noted that the following business Process Diagram is described as being limited to "ordinary suit" (legal disputes between individuals) within the "Civil Suits". (Not includes Criminal procedure, Administrative litigation, Patent litigation, Domestic Relations Cases or Juvenile Cases)

[Civil Suits flow]

  • 'Three-trial system is just a Workflow...'
  • 'Ah-ha, a High court sometimes can handle the Third appellate...'
  • 'I see, the submitted "Complaint" is examined before the first date for Oral argument...'
  • 'Ahh, I don't know well, but there is also a rule called "Special Appeal"...'

Even only looking at this Process Diagram, you can obtain various knowledges. In fact, about the flow of normal litigation, almost all of it is described in the Diagram. (Incidentally, only the expression at the beginning part of the Business Process which seems to be accepting a "Complaint" via the "Web Form", is not true.)

Even though, those who have sharp eyes may find that "Leap Appeal" (Direct Appeal to the Supreme Court) system is not described in it. However, this Workflow definition also might be capable of corresponding to that. Consider the record of the second appeal as "skipped by agreement between both". (In case there is no dispute in the fact-finding, and wishing "Appeal against Ruling".)


Incidentally, the number of civil litigation in Japan amounts to 600 000 cases in total of the "District Court" and "summary court". If there is so much of the flow rate, I would like them to come try the "Cloud-based Workflow."

By the way, about 6000 cases that brought to the Supreme Court has occurred per year. (Even though, I heard this number is significantly less when comparing with "litigation incidence of the world".) That means, the Judges in the Supreme Court must make their judgement on approximately 30 cases every day even only on Civil lawsuits. I know that there are only fifteen Judges (in three teams) in the Supreme Court. I guess they are working really hard every day, even though they often decide dismissal or rejection.

[Civil Suits flow: "1. File a Complaint" screen]

[Data Items list]


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