TABLE OF CONTENTS

Preface  page1

Chapter 1: Communism and Law

 1.1. Law produced together  page2
 1.2. Method of production of law  page3
 1.3. Utilization of law -part 1-  page4
 1.4. Utilization of law -part 2-  page5
 1.5. From Law of Exchange to Law of Distribution  page6
 1.6. Multilayered legal system  page7

Chapter 2: Charter of the Commons' Convention

 2.1. From the national constitution to the people's charter  page8
 2.2. Unified Structure of the Charter  page9
 2.3. Contents of the Charter of the Commons' Convention -Part1-  page10
 2.4. Contents of the Charter of the Commons' Convention -Part2-  page11
 2.5. Contents of the Charter of the Commons' Convention -Part3-  page12
 2.6. Interpretation and application of the Charter  page13

Chapter 3: System of Environmental Law
 
 3.1. Positioning of Environmental Law  page14
 3.2. Fundamental Principle of World Global Environmental Law  page15
 3.3. Basic principles of the World Global Environmental Law  page16
 3.4. Unified Environmental Code  page17
 3.5. Enforcement of Environmental Laws  page18

Chapter 4: The System of Economic Law

 4.1. The Significance of Communist Economic Law  page19
 4.2. Economic Planning Law -part 1-  page20
 4.3. Economic Planning Law -part 2-  page21
 4.4. Corporate Organization Law  page22
 4.5. Labor Relations Law  page23
 4.6. Land Management Law  page24

Chapter 5: Civic Law System  

 5.1. Contents of Communist Civic Law  page25
 5.2. Citizenship Law -part 1-  page26
 5.3. Citizenship Law -part 2-  page27
 5.4. Property Rights Law -part 1-  page28
 5.4. Property Rights Law -part 2-  page29

Chapter 6: The System of Offences Law 

 6.1. From criminal law to offences law  page30
 6.2. The essence of the offence  page31
 6.3. Classification of offences  page32
 6.4. Various correctional treatment systems -part 1-  page33
 6.5. Various correctional treatment systems -part 2-  page34
 6.6. Juvenile treatment systems  page35

Chapter 7: The System of Litigation Law

 7.1. Communist Litigation laws  page36
 7.2. Civic justice system  page37
 7.3. Economic justice system  page38
 7.4. Offences justice system -part 1-  page39
 7.5. Offences justice system -part 2-  page40
 7.6. Civil protection justice system  page41
 7.7  Impeachment justice system  page42
 7.8. Jurisprudence justice  page43

Chapter 8: Overview of Legal Profession Law

 8.1. Certified Lawyer and Notary Public  page44
 8.2. Independence of the legal profession  page45
 8.3. Judicial Artificial Intelligence   page46
 8.4. Public legal profession   page47
 8.5. Private legal profession  page48

Chapter 8.5.

👉The table of contents so far is here.

Chapter 8: Overview of Legal Profession Law

8.5. Private legal profession

The private legal profession, which is the field of activity for communist legal professionals in the private sector, can be broadly divided into independent legal practitioners and those employed in the legal departments of corporations and other private organizations.

While the former, independent legal practitioners, are the most typical form of private legal profession, their actual nature differs significantly from that of independent legal practitioners in capitalist societies.

In a communist society without a monetary economy, the act of earning monetary income through legal work is not possible, and legal work is therefore a free service. Therefore, law offices take on a character strongly oriented toward public service, and profit-driven law firms as do not exist.

Furthermore, since there is basically no court system, there is almost no litigation representation work available except in the field of impeachment justice. Instead, in some judicial procedures, certified lawyers have a monopoly on the legal position of legal representative or legal attendant.

○ Legal representative: Represents the parties in various hearings and oral proceedings, and provides useful explanations and arguments.

○ Legal attendant: Attends and assists in hearings related to offences laws and reviews by the Correction and Probation Commission, and protects the rights of the parties involved.

Furthermore, due to the principle of independence, communist legal professionals are prohibited from engaging in legal advisory services that create a relationship of subordination to clients by providing exclusively favorable legal advice to specific individuals or organizations, due to the principle of independence. Therefore, the position of permanent legal advisor is not recognized.

On the other hand, employed legal professionals are professional staff members who belong to the legal department of a private organization such as a corporation and handle the organization's legal affairs, but at the same time maintain their independence as legal professionals. Therefore, while they are subject to the general duty of loyalty of an employee, their legal judgments are not subject to interference from outside, nor from the organization's management or other internal departments.

👉The papers published on this blog are meant to expand upon my On Communism.

Chapter 8.4.

👉The table of contents so far is here.

Chapter 8: Overview of Legal Profession Law

8.4. Public legal profession

To clarify the overall structure of the communist legal profession, this section and the next outline the specific domains of legal practice. This section examines the public legal profession as civil servants.

The representative example of legal professionals belonging to this domain is the judicial profession. While the judicial profession generally refers to judges within a court system, under a communist judicial system that fundamentally lacks a court system, it is a collective term for judicial professionals performing specific roles as listed below.

All these judicial positions are appointed by the Commons' Convention of a specific level for a fixed term, following prescribed procedures, from among certified lawyers listed on the judicial candidate roster maintained by the Association of Certified Lawyers. They are not appointed through a bureaucratic system based on individual selection examinations, etc.

○ Equity Commissioner: Arbitrating civic law disputes

○ Truth Commissioner: Uncovering the truth behind antisocial offences

○ Tribune: Defending fundamental human rights and civil liberties

○ Judge Delegate of the Commons' Convention Jurisprudence Committee: Conducting statutory interpretation of laws and regulations 

○ Judge Delegate of the Commons' Convention Charter Committee: Conducting statutory interpretation of Commons' Convention Charter

○ Impeachment Court Judge and Prosecutor: Conducting an impeachment trial of public officials and civil servants

Incidentally, notary public, whose role grows in importance in communist society lacking a court system, is public official but are not included among judicial officer who perform judicial functions themselves. Notay public constitute a special case within the public legal profession, operating independent law office.

Furthermore, staff in the Commons' Convention Legislative Support Bureau and legal affairs departments established as internal divisions within and other Commons' Convention-administered agencies are also legal affairs officers appointed from among certified lawyers or assistant certified lawyers, belonging to the public legal profession.

These legal affairs officers are also not included in judicial positions, but their duties must be protected from interference outside their departments due to the principle of independence of the legal profession.

👉The papers published on this blog are meant to expand upon my On Communism.

Chapter 8.3.

👉The table of contents so far is here.

Chapter 8: Overview of Legal Profession Law

8.3. Judicial Artificial Intelligence

As we have seen, the communist judicial system, except in the field of impeachment justice, does not rely on the traditional judicial institution of courts. Consequently, it cannot accumulate precedents of court decisions, or so-called case law. That said, there is an accumulation of precedents demonstrated by judicial bodies in various fields, and these serve a role comparable to case law.

However, such judicial precedents are no longer recorded in the form of printed case law collections. Instead, a system is introduced where they are stored in dedicated artificial intelligence. This can be called “judicial AI.”

Generally, when AI is put into practical use, its functions can be distinguished into three categories: a reference function that extracts vast amounts of stored data as needed; an advisory function that seeks appropriate solutions for specific cases; and a decision-making function that renders judgments on particular matters.

Of these, judicial AI should possess only reference and advisory functions; it must not be granted decision-making capabilities. That is to say, judicial decisions must always be made independently by human legal professionals, and delegating decisions to AI is impermissible. In other words, the principle of “independence of the legal profession” discussed previously also extends to independence from AI.

The reference function of judicial AI is, so to speak, comparable to a case law database. It enables legal professionals to access and utilize all judicial precedents stored within the AI. This reference function also grants access rights to the general public, thereby serving the purpose of disclosing information on judicial precedents.

On the other hand, the advisory function of judicial AI allows legal professionals, when performing their duties, to consult the AI for reasonable solutions based on precedents for the case they are handling, with the AI providing the response. Since resolving cases requiring judicial decisions should generally follow precedents from similar past cases to uphold legal equality and stability, it is meaningful for legal professionals to first utilize the advisory function of judicial AI to obtain its responses.

Therefore, access to this advisory function of judicial AI is granted only to practicing legal professionals, and access by the general public is restricted in principle. However, law school students mentioned earlier may be granted access for educational purposes.

It must be reaffirmed that this advisory function does not mean the AI makes judgments in place of human legal professionals; that is, the AI has no decision-making authority.

 Therefore, since the AI's responses are merely advisory opinions and are not binding, it poses no issue whatsoever for legal professionals to render judgments differing from the AI's responses when they ultimately determine that changing established precedents is necessary.

The details regarding the functions and operation of judicial AI as described above must be clearly stipulated as provisions in a dedicated law that itself forms part of the legal profession law.

Furthermore, since AI must also be democratically managed by the Commons' Convention and protected against misuse or autonomous runaway, an Artificial Intelligence Management Center will be established under the Commons' Convention of all Zones to centrally manage all AI deployed in the public sector. Judicial AI will also be managed by this center.

👉The papers published on this blog are meant to expand upon my On Communism.

Chapter 8.2.

👉The table of contents so far is here.

Chapter 8: Overview of Legal Profession Law

8.2. Independence of the legal profession

Communist social governance structures move away from the classic separation of powers, consolidating all power in the Commons' Convention, the people's representative body. Therefore, judicial power cannot be separated from the the Commons' Convention, and classical concepts such as "judicial independence" are invalid.

However, it is a universal rule of the judiciary that judicial power must not be subject to external interference or be biased in favor of the interests of any particular individual, organization, or social group, and must maintain a high degree of neutrality. To realize this rule, the communist judicial system guarantees the independence of the legal profession.

"Legal independence" refers to the ability of the two types of legal profession we looked at last time, certified lawyer and notary public, to make independent decisions in the performance of their duties without external interference. Certified lawyers also serve as a source of human resources for various judicial positions, and their independence is guaranteed not only while they hold judicial positions, but also while they are engaged in private legal practice in the private sector.

For example, even a certified lawyer working in a corporation's legal department is not subject to interference from other internal organizations or departments in the performance of his or her duties. This guaranteed independence prevents corporate-wide fraud, such as in-house legal advisors attempting to legally cover up wrongdoing at the direction of management.

Furthermore, certified lawyers are not permitted to serve exclusively as legal advisors to specific individuals, companies, or other organizations. This is because such exclusive legal work would require a continuous, reciprocal relationship with the client, making it impossible to maintain the independence of the legal profession. Individuals, companies, and other organizations will have to consult and request legal advice whenever they need it.

On the other hand, law offices privately run by certified lawyers and notary public offices staffed by notaries are guaranteed the right to be free from casual searches and seizures by investigative agencies and other law enforcement agencies. Searches and seizures at such locations for investigative purposes require a special authorization warrant issued by the Tribune for Habeas Corpus.

Furthermore, legal professionals enjoy special treatment in terms of job security. While in various judicial positions, dismissal and other disciplinary action must be based on a ruling by the Commons' Convention Impeachment Court is. Even while in the private sector, disciplinary action against certified lawyers and notaries public can only be taken by their professional association.

Professional associations of the legal profession are guaranteed a high degree of autonomy by law, and their internal operations are not subject to external supervision or interference, including from the Commons' Convention. However, as quasi-public organizations, they may be subject to audits by the General Tribune of the Commons' Convention.

👉The papers published on this blog are meant to expand upon my On Communism.

Chapter 8.1.

👉The table of contents so far is here.

Chapter 8: Overview of Legal Profession Law

8.1. Certified Lawyer and Notary Public

The administration of justice, which applies the law and resolves various disputes, requires the existence of legal professionals who specialize in legal affairs and judicial duties. As discussed later, the use of artificial intelligence in the judicial field is being promoted, but it is none other than human legal professionals who operate this technology.

While there is no unified law defining the qualifications and authority of legal professionals, this chapter will provide an overview of the various laws that provide for the legal profession, collectively referred to as "legal profession law."

With the exception of the area of ​​impeachment justice, the nature of the legal profession under a communist judicial system that does not rely on the traditional court system is significantly different from that under capitalist societies. Since there is basically no court system, the position of judge naturally does not exist, nor does the position of prosecutor, who represents the state in court, primarily in criminal cases.

Meanwhile, while lawyer specializing in legal affairs is indispensable in the private sector, its main duties will no longer be courtroom arguments, and so it will be reclassified as a new professional occupation known as certified lawyer rather than attorney.

In addition, the equity commissioner, truth commissioner, tribune, and other judicial positions we have seen so far will be appointed from among certified lawyers through prescribed procedures. In that sense, certified lawyers will become a unified source of human resources for all judicial positions.

On the other hand, the absence of a court system will make the duties of notary public, who specialize in official certification, important. Notary public has a long history of preparing notarized deeds attesting to contracts and other legal relationships, and because it play a crucial role in preventing legal disputes before they occur, it will be given a clear new position as a second legal profession alongside certified lawyer.

Training for certified lawyer and notary public is only available through the law school, which is one of the academies for highly skilled professionals. This means that only after graduating from law school and passing the certified lawyer or notary public qualification exam can one legally practice as a legal professional.

However, to ultimately become a certified lawyer, one must first pass the initial stage of the two-stage examination. The duties of an assistant certified lawyer are limited to supporting roles within the public legal sector, as well as within the private legal sector such as legal departments of corporations and other organizations, which will be discussed later. Those assistant certified lawyers cannot independently perform duties as a legal practitioner.

After gaining a required number of years of experience as an assistant certified lawyer and passing the final exam, one becomes a full-fledged certified lawyer. This reflects the fact that in communist societies, professionals are generally trained through an apprenticeship-like process, rather than being granted lifetime status through a single exam.

👉The papers published on this blog are meant to expand upon my On Communism.

Chapter 7.8.

👉The table of contents so far is here.

Chapter 7: The System of Litigation Law

7.8. Jurisprudence justice

The jurisprudence justice is a judicial branch that conducts legal review to resolve legal interpretation disputes that arise when each branch of the judiciary applies laws and regulations. Under the Commons' Convention system, interpretation of laws and regulations is exercised by the Commons' Convention itself, which enacts the laws and regulations, thereby ensuring thorough democracy.

Within the jurisprudence justice, a distinction is made between constitutional review, which concerns the interpretation of the Commons' Convention Charter (hereinafter simply referred to as the Charter), which serves as the highest law, and general legal review, which concerns the interpretation of general laws and regulations other than the Charter. Constitutional review is carried out by the Charter Committee established in each Zonal Commons' Convention, while general legal review is carried out by the Jurisprudence Committee established also in each Zonal Commons' Convention.

Both committees have the dual role of serving as standing committees of the Commons' Convention while also exercising judicial power of legal principles. Therefore, in addition to the general delegates who are involved in proposing amendments to the Charter itself, the Charter Committee also includes special delegates (judge committee members) appointed from among lawyers who are solely responsible for constitutional review, and the Jurisprudence Committee is made up entirely of special delegates (judge committee members) who are lawyers (see my article for details on the status of special delegates).

As we saw in the previous articles judicial bodies in each judicial field may be forced to interpret laws and regulations, including the Charter, when handling the cases they are responsible for. In such cases, they have the initial authority to issue their own legal interpretation. A party dissatisfied with a decision based on that legal interpretation can request a legal appeal from one of the committees mentioned above.

The committee that receives the request reviews the validity of the initial legal interpretation and decides whether to approve it. If not, it issues a decision on its own interpretation and remands the case. The judicial body that receives the remand must then proceed with the case again, based on the committee's interpretation.

Incidentally, because the Charter regards the World Commonwealth Charter as the ultimate unified source of law, if there is a suspicion that the interpretation of the Commons' Convention Charter Committee regarding a Zonal Charter violates the World Commonwealth Charter, the dissatisfied party can file an international appeal with the World Commonwealth Charter Council.

The Council is the final and sole judicial authority regarding the interpretation of the World Commonwealth Charter. The ruling will be a universal precedent that will equally bind all Zones that make up the World Commonwealth, and the jurisprudence justice of each Zone will be obliged to conduct their decisions based on this premise.

👉The papers published on this blog are meant to expand upon my On Communism.