Chapter 7.3.

 👉The table of contents so far is here.

Chapter 7: The System of Litigation Law

7.3. Economic justice system

Economic justice system refers to the area of ​​justice system that aims to resolve disputes over economic law. There are four areas of economic law: economic planning law, business organization law, labor relations law, and land management law, which is included in economic law in the broadest sense. The content and method of handling disputes vary depending on each area.

Among these, there is little room for disputes to arise regarding the Economic Planning Law. This is because economic plan is norm that are jointly formulated by the business organizations that are the subject of the plan through the Economic Planning Conference (hereinafter simply referred to as the "Planning Conference"). However, if a business organization violates the plan, the Planning Conference can request the suspension of production activities that violate the plan and sanctions against the officials and employees involved.

Such countermeasures and sanctions against violations of the plan are implemented through the Hearing Board which are established within the Planning Conference. The Hearing Board is an independent subsidiary body whose members are neutrally selected and whose decisions cannot be influenced by the Planning Conference, and the accused party is guaranteed an opportunity to defend and refute.

With regard to business organization law, disputes over management decisions between management bodies and worker representative bodies or cooperative members are anticipated. These are handled internally by granting quasi-judicial functions such as injunctions to auditing bodies. This is not an official judicial system, but rather a system that should be called intra-company justice, in which disputes are handled autonomously within the company.

Complex disputes that cannot be handled by auditing bodies are handled by a neutral corporate dispute arbitration committee made up of external lawyers, except in the following cases of labor disputes.

Labor disputes are expected to occur in relation to labor relations laws. However, since labor-management conflicts are sublimated in communist enterprises, serious labor disputes are not usually expected, but individual disputes over working conditions, etc. may arise between workers and their companies.

Such labor disputes are first handled by a labor arbitration committee, a third-party organization within the company. This is an arbitration body made up of lawyers with no vested interest in the company, and is also a type of intra-company justice system.

All enterprises, except for small-scale cooperative labor groups, are required to have a permanent labor arbitration committee, and labor disputes must first be arbitrated by the labor arbitration committee within the company, except for harassment cases in which a jump lawsuit to the Labor Tribune is permitted.

In most cases, the dispute is resolved at this stage, but if it is not resolved, it is left to public resolution by filing a lawsuit with the Labor Tribune. This is part of the civil protection justice system, which resolves labor disputes professionally. As will be explained again later, the decision of Labor Tribune is final.

The land management law, which has an intermediate position between civiv law and economic law, does not normally allow for disputes over land between private individuals, let alone between private individuals and public corporations. This is because in communism, land is an ownerless natural property that does not belong to any person, and each Zone manages it through a land management agency (hereinafter referred to as the "management agency").

However, private individuals can own buildings on land that are real estate for a specified purpose with the permission of the management agency, and can also transfer land use rights with the permission of the management agency However, if a dispute arises between a private individual and a management agency over such land use rights, it is resolved by the Land Use Rights Tribunal (hereinafter referred to as the "Land Tribunal"), an independent subsidiary of the management agency.

The Land Tribunal is a decision-making body made up of lawyers, and the management agency and the opposing party can each present evidence, present their arguments, and fight, but the decision of the Land Tribunal is final.

In addition, when a private individual occupies a specific parcel of land without the permission of the management agency, this constitutes illegal occupation, and in severe cases where violent or fraudulent means are used, the individual may be charged with violating the land management act and may be subject to offence proceedings as described in the next section 4.

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

Chapter 7.2.

👉The table of contents so far is here.

Chapter 7: The System of Litigation Law

7.2. Civic justice system

Civic justice system refers to the area of ​​justice system that aims to resolve disputes over civic law. Civil law is composed of citizenship law and property rights law. The latter property rights law portion contains content equivalent to civil law in capitalist societies, and serves as the legal standard for resolving disputes over rights and obligations between private individuals.

However, as has been mentioned many times, in a communist society without a monetary economy, disputes over money do not arise in the first place, so most disputes can be resolved through negotiations between private individuals.

However, disputes that cannot be resolved through negotiations need to be resolved publicly by the judiciary. Arbitration by the Equity Commissioner is prepared as a judicial procedure to publicly resolve such civic law disputes.

This is similar to the settlement under the current judicial system, but there is a major difference in that settlement is a means to avoid a definitive judgment, whereas with the Equity Commissioner's arbitration, all cases are resolved through arbitration, without any definitive judgment in the first place. In civic law disputes involving non-monetary disputes, arbitration is more appropriate than adjudication.

The arbitration procedure by the Equity Commissioner is initiated by the petition of one or all of the parties to the dispute, and the parties present evidence and present their respective arguments. In that sense, it has elements similar to a trial.

The Equity Commissioner examines the arguments of the parties and the evidence on which they are based, and presents an appropriate arbitration proposal from a neutral standpoint. The arbitration ends when all parties accept the proposal. As long as there is a party that does not accept the proposal, arbitration continues, and there may be several arbitration proposals.

The arbitration by the Equity Commissioner has final effect, and a final arbitration proposal cannot be overturned unless new evidence is found that would change the arbitration result. However, if new evidence is found that would change the arbitration result, re-arbitration may be conducted at the request of a party.

The provisions regarding the arbitration procedure by the Equity Commissioner are included in the civic law, and a separate law such as the civil procedure code is not enacted.

In contrast to the above, the citizenship law portion of the civic law has a strong public law character and concerns rights and obligations that are not likely to become the subject of disputes between private individuals, and is therefore not subject to the arbitration procedures of the Equity Commissioner. If a dispute does arise in this area, it will be subject to civil protection justice as a human rights relief case, which we will look at later. 

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

Chapter 7.1.

👉The table of contents so far is here.

Chapter 7: The System of Litigation Law

7.1. Communist litigation Laws

In capitalist society, the ultimate embodiment of the monetary economy, disputes and crimes over money occur constantly, so a strong judicial system is essential to quickly and compulsorily adjudicate disputes in a broad sense, including crimes. This is usually done through an authoritarian institution called the court, and various procedural laws exist that define the details of the trial procedure.

In contrast, in a communist society where the monetary economy is abolished, disputes and crimes over money will naturally disappear. However, if conflicts are an inevitable part of human society, the need for judicial power to publicly handle the disputes that still inevitably arise will not disappear.

However, in that society, the necessity for judicial trials is no longer necessary, and therefore there is no need for a system of courts that authoritatively adjudicates lawsuits. A more flexible and non-authoritarian judicial procedure for resolving communist disputes is sufficient, and such a procedure is also more effective for resolving them. To get a rough idea of ​​these communist judicial procedures, one may recall that they are similar to the various systems of non-contentious procedures and alternative dispute resolution (ADR) procedures that are implemented as a supplement under the current judicial system.

Laws that serve as the basis for judicial procedures that do not rely on the formula "judicial proceedings = trials" can be collectively called "litigation law," but of course this is not a single law; they are broadly categorized by type of dispute, with individual procedural laws established for each.

To list them, they can be broadly divided into six areas: civic justice, which deals with civic law disputes; economic justice, which deals with economic law disputes; offences justice, which deals with the clarification and treatment illegal acts; civil protection justice, which deals with human rights relief and complaints against public authorities; impeachment justice, which deals with impeachment cases of public officials; and jurisprudence justice, which deals with the interpretation of laws and regulations, including constitutional review to examine violations of the Charter of the Commons' Convention. In the following sections, we will look at each of these six judicial areas individually.

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