MoskolloToday 10:59 am JST
Another round of money printing to devalue an already weak yen is not the answer-tax rebates and tax cuts can help stimulate growth..
Are they? At the very least, not enough to increase the amount so we can actually start nibbling the debt back down. By that margin, maybe the truth is that growth in Japan is relatively insensitive to government spending or taxation, in which case the priority is to reduce debt. Yes, the Japanese government still has assets and they are nominally borrowing off the Bank of Japan. Unless you think that number on the spreadsheet can survive an increase to infinity, you should be able to postulate conditions that you would consider dangerous, and seeing Japan is likely on course to that condition, it has to be stopped somehow.
1 ( +1 / -0 )
@Fighto!Today 08:43 am JST
Why? Its not yours.
From a commentary concerning similar provisions:
The right to remuneration is a special subjective right arising in the legal relationship between the person who found the thing and the person who lost it. The basis for the emergence of this right is the factual composition, which includes the very fact of the discovery of the thing (find), the fulfillment of the duties of the finder, as well as the return of the thing to the person entitled to receive it. As already noted, the right to a reward does not arise if the finder of the thing did not declare the find or tried to conceal it.
Does that help?
-4 ( +2 / -6 )
@ulyssesToday 08:29 am JST
Factor in the Russian government’s lies and disinformation, the number could easily be twice or thrice the declared ones.
I think they want people to get vaccinated, and in that context it won't hurt to have a large number. But I don't think they are that incompetent (considering that they are far from the richest country in the world). They did everything possible to rush a vaccine out, which overall seems like a good bet in retrospect. It isn't their fault that Russians are behaving almost like Americans in this regard.
Under putin these words have no meaning . My friend Tatyana in St Petersburg told me that the security forces are intolerant of any dissent and people are brutally beaten just for raising their voice.
Does Tatyana support Navalny? Is she a Jehovah's Witness?
2 ( +3 / -1 )
I have a utter hatred of people trying to ban shows because of their own weak hearts and narrow sensitivities.
8 ( +11 / -3 )
@1glenn Today 08:18 pm JST
An interesting article, but is it very likely that Australian soldiers would do something that would subject them to a death penalty prosecution? Seems like a non-issue.
Well, it's the Australians that insist on making this an issue and infringing on the judicial sovereignty of other nations (they call it "outward-looking") :-)
@Peter14Today 07:03 pm JST
soldiers are treated according to local laws but without the threat of death
So, after Australian soldiers threaten or even kill someone, they should be "without the threat of death"? We might want to rethink these formulations!
Getting time off and alcohol can in some rare instances lead to poor decision making
The reality is that if you have something like this to say for yourself, you are very likely to get off easier in the Japanese system than a common law one.
Australia seeks the same assurance for its own soldiers in Japan, nothing more.
Australians may have decided for their own reasons to waive the death penalty even for the worst chain murderers and terrorists, including possibly taking a higher rate of murder. Japan has not. If a hypothetical Australian soldier kills 5 Japanese, can an Australian feel no qualms in saying he must be immune from the death penalty?
@cleoToday 06:51 pm JST
I have read that document. I'm not sure it has a firm basis in this application:
it is irrevocable, miscarriages of justice cannot be rectified, and no legal system is safe from error;
Any miscarriage of justice produces harm to its victim that is irrevocable. Nevertheless, at some point the conviction must be accepted as solid enough and the trigger pulled. To refrain from death penalties because of a fear of a miscarriage of justice is like aiming for limbs rather than center mass. If you have enough justification, shoot center mass. If not, don't shoot.
it denies any possibility of rehabilitation to the convicted individual;
If a life imprisonment term is indeed for life, then there is no rehabilitation. To ensure rehabilitation, we have to ban all life imprisonment terms as well. Further, as a practical matter if the emphasis is rehabilitation, Japan with its relatively short sentences is arguably better for that than common law's long sentences. The very few people who get the death penalty can basically be deemed to be unsalvageable.
there is no convincing evidence that it is a more effective deterrent than long-term or life imprisonment; and
Even without that, it is cheaper, you don't have to worry about him escaping and it's some solace to the family. That's already three points on the other side.
it is unfair – it is used disproportionately against the poor, people with intellectual or mental disabilities and minority groups.
In this context, how many poor soldiers of minority groups with intellectual or mental disabilities does Australia plan to end to Japan?
-3 ( +1 / -4 )
@cleoToday 01:36 pm JST
Big difference between choosing of your own volition to visit a backward country, and being sent there under orders by your government.
On the other hand, the practical scope for the death penalty in Japan is not that big. Basically the only way a defendant can get it is to conduct aggravated murder - more than one person, in a particularly gruelsome fashion ... etc. For a "typical" murder or one where the defendant can say something favorable to himself, he's liable to get a much lesser punishment. The JapanToday crowd knows this because when those judgments come out, they band together and say it is too light. So in essence, the Australians are indeed saying their relatively small contingent of troops in Japan might just conduct aggravated murder.
Not a great admission.
-1 ( +2 / -3 )
My thought is "Certainly". But if the principle is to avoid Australians suffering from punishments their home country won't inflict, then maybe a little reciprocity is in order. How about a modified double criminality principle where to be charged of a crime, the act must be one that's a crime in both countries, and the sentence must not exceed the LOWER punishment between the two countries?
That seems fair.
-1 ( +1 / -2 )
In other news (from JapanTimes' version of this article):
The existing crime of escape only covers cases in which criminals run away from prisons. Against this background, the draft proposal calls for creating a crime of nonappearance to punish defendants if they do not appear in court on the day of their trials and a crime of defection if they leave their designated residences without permission, aiming for prison terms of up to two years.
Thanks a lot, Ghosn, for reducing the defence rights of the Japanese people!
@SkepticalToday 07:46 am JST
Hope they are making the devices more fool-proof. Nary a week goes by without reading in the crime section of newspapers that some pre-trial felon or parole-impaired soul managed to cut through or slip out of their device, and go on a rampage. Or simply disappear.
If that's true, that's worse than I think. I never thought this kind of toy is going to stop someone like Ghosn who can hire the help of special forces, but if it becomes known to Japan's justice system these toys don't even stop mundanes, they aren't going to improve the bail percentages much at all.
@sakurasukiToday 07:50 am JST
According to your link:
Maeda, who led a criminal investigation into a postal discount system abuse case involving the Health, Labor and Welfare Ministry, was indicted last week for tampering with data on a floppy disk seized during the probe.
It's already a crime.
0 ( +1 / -1 )
Excepting for abusing the asylum system by entering a manifestly false claim (and shamelessly proving it)?
0 ( +0 / -0 )
One of the plaintiffs, 50, who participated virtually in the press conference from Sri Lanka, said he wanted to go to Japan again and apply for refugee status and that he wanted the authorities to stop illegal deportations.
OK, this guy claimed to need asylum. He was sent back unconstitutionally to Sri Lanka where he ended up doing well enough to not only run a lawsuit, but also hold a press conference and publicly announce he's about to "escape" to Japan again!
How does this guy need asylum?
Which means, the little [insert profanity here] lied!
Maybe people should consider the presence of such people rather than bash Japan on its low refugee acceptance rate.
0 ( +1 / -1 )
StrangerlandToday 11:26 am JST
They are government employees
I think this says it all. The bitter reality is that it costs NOTHING for the government or a senior official inside to take a swing towards a helpless citizen using the law. It's not like the government employee even bears the risk of going to jail even if they take a clearly bad swing. All expenses will be taken from the Treasury, while the poor hapless citizen is just feeling happy he avoided prison. He just needs to figure out how to deal with the loss of a large chunk of his assets.
-2 ( +1 / -3 )
@Desert TortoiseToday 06:53 am JST
The French were already in breach of their contract, five years in, half a billion spent and not even a final design ready to cut steel too. And the Chinese already had over 21,000 pages of detailed specifications, capabilities and operating parameters for the Scorpien class in hand courtesy of a big data breach at DCNS.
It would hardly have been the first Western project since the end of the Cold War to be badly late and overbudget, nor is the US immune from data leaks.
Further, it's not even completely clear why the French were late. We hear Australian complaints, but that's only one side of the tale. For example, the reason for the final design not being finalized may well be Australian intransigence (constant changes to the detailed requirements ... etc).
The fact is that it was the Aussies that said they want diesels rather than nukes. The French have considered selling Canada SSNs back in the 80s (considering what happened to those Upholder/Victoria class SSKs, that might have been the better choice for Canada), so it can probably be arranged, if the French want it.
Further, if one argues it was political reasons that prevented the Aussies from buying a SSN in the first place, then the French are also cheated. Suppose you've been selling Plan Bs in a country because that country regulates the sale of Plan As. Then all of a sudden, that country says Plan As are OK after all, and without giving you an opportunity to react immediately gives the job to one of its own, who of course has Plan A ready to go...
I think you'll be miffed. I appreciate that nuclear subs are a good idea for Australia, and national security, but a bit more procedural justice here would have at least mitigated this entire row. At least make the Americans and the Brits compete a little bit for the nuke sub sale.
-1 ( +1 / -2 )
It was apparently hidden inside the cover of a dictionary
If it was hidden "inside the cover" of a book, then wouldn't it only be able to record sound and no video?
-5 ( +0 / -5 )
@purple_depressed_baconToday 08:39 am JST
17 is basically an adult. At this age one should know not to kick a human being repeatedly until they pass out or die from the trauma. He should have been thrown in jail. He killed someone.
Biologically, that's not true, with the latest research suggesting that maturity is really about 25 - before that, you are not only immature solely because of a lack of life experience, but also because of an incompletely developed brain structure. The main disadvantages are deemed to be
1) inferior capacity for long term thought. In this case, brother knows murder is bad, as is kicking someone. But he is less likely to make the link between "kicks" and "death". He kind of expects his little sister to writhe in pain a bit and then get up. If it's more direct, say a knife stab, things are different.
2) inferior emotional control. In essence, they get into the state known as "heat-of-passion" or "affekt" more easily than a typical adult. Boy might be as able as an adult in taking care of 6-year-old sister ... if he was calm. But let that little sister get whiny or naggy and he's liable to snap a lot more easily than an adult.
1 ( +3 / -2 )
@stormcrowToday 10:01 am JST
A more accurate comparison would be this. You tendered out bids for a van. People have been telling you that what you really needed was a bus, but you claim to have considered your finances and other factors, and are going for the van even if it has to be *specially designed from scratch to come close to what you want it to do*. After a bidding process, you contracted with F Company to design and build your van (remembering, you are not buying off-the-shelf).
Then all of a sudden, one day, bam. You tell F Company you are canceling their contract and buying a bus from A Company. Since you can now *afford a *bus, it's clear you didn't suddenly run out of funds. Nor was there a real change in circumstances. You just suddenly decided you needed a bus after all (just like many people have been telling you). That's still fine, but F Company also sells buses. If only you told them about it they might be able to make a good offer to you for a bus. Instead they are shut out and were just told their contract was cancelled and you are buying a bus from A Company.
I think F Company has every right to feel miffed. I think we have to at least acknowledge that France is a real victim here.
-1 ( +1 / -2 )
@ScorpionSep. 19 05:21 pm JST
What if they could lose their life? Didn't two people lose their life because of him? What kind of law is this? Ohhhh. This is one of those laws from 1920....ya know...back when fax machines were first made but still used in Japan.
Actually, this kind of "human-righty" law almost certainly has a post-war provenance and an import from the liberal West.
0 ( +0 / -0 )
Being able to "prosecute" hate crimes does not mean hate speech isn't subjective, it just means the court lowered itself (or maybe it wasn't very principled to begin with) to play along, and the citizens who voted for that hate speech law are playing with fire.
-9 ( +0 / -9 )
@HiJapan Today 12:37 am JST
Every person on here sayin “he was only handcuffed for 10 hours, that’s not that bad” have clearly never spent even 10 minutes cuffed. It is painful and excruciating. I can not imagine how awful 10 hours would be.
I'm sure it's unpleasant. The question is whether it is disproportionate to do that against someone who betrayed the visa-issuing country's trust, then compounded that by violently attacking officers at the detention facility. Since he's already been deprived of liberty, that's no longer a punishment.
-1 ( +0 / -1 )
If Australia is serious about procuring nuclear submarines, it would do well to start now by leasing an old one immediately from the United States to gain operational experience.
0 ( +7 / -7 )
@Simon FostonToday 02:16 pm JST
Not much of a reason to support them. Plenty of people have a sense of what is possible but don't do much about it.
True, but at least they are not fouling things up. There is a reason why every time this country occasionally votes for something other than LDP they don't last long. For example, the last time Japan picked the DPJ, they promised to get American troops out of Okinawa. Obviously, that promise was made without considering either defense realities or American attitudes. Hatoyama was soon forced to backtrack and was replaced not long thereafter. Similarly, remember the time Japan tried to arrest the captain of the Chinese ramfishingboat MinJinYue? In the end in both cases, Japan ended up getting the worst of both worlds, because the DPJ lacked a sense of what is possible.
When it comes to running countries, you can do a lot worse than "bumbling along".
Deep cuts in wasteful spending might help.
Like? The bitter reality is that most of Japan's financial problems are due to funding the social security (pension) program. In comparison the pork barrel kickbacks are a drop in the bucket. Even if we somehow got rid of pork barrel kickbacks (besides, kickbacks are a sad but entrenched part of politics, so if you want things done you have to give at least a few kickbacks), there are many areas of Japan's budget that badly need a boost. Defense really needs to be doubled, and if you don't like that there are a menu of education et al programs that might use some funds. From a big picture view, Japan needs to squeeze more tax out of its citizens if it's ever going to balance the books.
Really? No one bothered about getting the "grudging acceptance" of the public before raising the consumption tax. Why should employers get any more consideration?
Yes they did, that's why you had things like step ups to 5, then 8, then 10 and even now some categories are 8%. Nobody is going to cheer about extra taxes, it's not a secret Japan is heavily in budget deficit, so it is necessary, a price of providing pensions beyond means from previous years. If you don't think they have "grudging acceptance", I'd like to know why. The LDP certainly seems to be on course to being voted it again.
2 ( +2 / -0 )
@Simon Foston Today 07:24 am JST
They don't have much to show for it.
I agree. But at least they kept things bumbling along, because they have a sense of what is possible.
I don't see any evidence to suggest that the LDP has much of a clue what to do about any of these things either.
And they don't pretend to (at least not as much as the CDP). They do understand the need to balance the budget, and they are raising the consumption tax, if hesitatingly and slowly. It's politically costly, but they are at least realistic and responsible enough to know something like that is necessary rather than just saying they'll lower consumption tax without answering the clear question of how they are going to fund everything.
They don't promise you they can get rid of carbon emissions or nuclear power, but at least you know you'll have your lights on. As for the Constitutional changes, objectively it is at least arguable that revision is needed and if you think you can push a minimum wage plan without at least the grudging acceptance of industry you are kidding yourself.
1 ( +2 / -1 )
The CDPJ's pledges also included lowering the consumption tax rate, achieving a zero-carbon society without nuclear energy, raising the minimum wage and opposing an amendment of the Constitution.
And that's why people will vote LDP. Because though the LDP isn't all that great, at least they have experience. It is almost certain that the CDPJ doesn't have an idea how they will balance the budget (or even control the deficit somewhat) while "lowering the consumption tax rate", or maintain the reliability of Japan's power grid while getting rid of both nuclear energy and fossil fuels. You also know they are not likely to have a national security plan considering the worsening correlation of forces in the Pacific. And while raising the minimum wage sounds like a good idea, you can bet the CDPJ hasn't the connections to handle that properly as well.
Ironically it is those relatively small pledges, like separate surnames, that look like the kind of thing they can accomplish with fouling anything up. But do you want the possibility of gaining such things to be at the expense of truly important matters?
As for the whole bit about porno, it's amazing how fast Westerners will abandon the benefits of freedom and the importance of limitation of government over-reach when it comes to their pet project :-)
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The plaintiffs asserted that the Tokyo police "hid evidence that was disadvantageous to the investigation in order to build a case" despite it being obvious that the items in question were not subject to regulations, while the prosecutors also "failed to give sufficient consideration to the indictment."
My honest thought when I read this is ... look, the three of you are NOT random plebes on the street, but a big business. You know that you are navigating in tricky waters because you are making spray dryers that:
Considered equipment that can potentially be diverted to military use overseas, they are subject to international export regulations depending on their size and function.
You know what you exported, right? You know what's written in the law and if you aren't sure there is an approval process. How exactly can the Tokyo police hide evidence disadvantageous to the investigation that YOU don't know about?
-1 ( +0 / -1 )
@browny1Sep. 11 05:16 pm JST
Regardless of her "crime", this story is about affording life-saving health care to an ill person in custody so as to speak.
I'll tell you the real irony of the case. At least according to the report, it seems that the medical attention she did receive was her doom. Because Wishma actually did start to look pretty bad her last couple of days. Bad enough that if she wasn't previously checked out, the staff will have carted her over to the nearby hospital, if only because no one needs a dead body on their watch.
Unfortunately, she was just checked out on Thursday and the docs indicate that there is nothing life-threatening that requires immediate hospitalization. The staff will thus rely on the doctor's assessment and conclude that whatever they are seeing Wishma will keep until the following Monday. Then she rolled over on Saturday.
0 ( +2 / -2 )
I'll be blunt - my sympathies are mostly not with Wishma. As everyone knows, there's actually already a report out. Sure, it's the government's version but it still has far more details than you can get off either the newspaper or whiny relatives. It documents Wishma's less than honorable behavior before she finally turned herself in, her early wish to depart, the failure of her family to stay in contact and puke up the 200,000 yen that's needed for her air transit, the similar failure of the Sri Lankan embassy to do that either, then she met someone from a "rights group" and all of a sudden she wanted to stay (how despicable, these rights groups). It details all the medical attention she did receive during all the time there, none of which suggested she was in life-threatening danger.
If you read the report, you'll come to a new understanding of how hard it'll be to assemble a solid lawsuit. Sure, there were some procedural abbreviations, but let's face it this kind of thing is pretty common in organizations that have been running for a long time, and the substantive circumstances are such that it's unlikely her disposition would have changed if they were because the known facts just weren't in her favor.
Murder? Far from it. Discrimination? It's not necessarily to refer to racism for her low credibility with her staff. Because her own previous actions already provide all the substantiation required.
-7 ( +5 / -12 )
@OssanAmericaToday 06:10 pm JST
Yes they do despite Russia's having acquired them illegally after Japan declared unconditional surrender in violation if Allied WWII declarations. Russians are thieves. Just ask the Ukranians.
Which the Russians ... may be allowed to do. Because the United States quite undeniably (despite their despicable later backtracking) agreed to give the Kuriles to the USSR in exchange for their miitary involvement. Having already received whatever benefit might have accrued by the Russians declaring war on the Japanese, they are in no position to unilaterally reinterpret what they've commited to downwards.
The Potsdam Declaration actually differs from the Cairo Declaration. In Cairo it is about "violence and greed". By Potsdam that has grown into "as we determine" (free, unprincipled reduction is now permitted).
The US does not maintain a military presence on Hokkaido. And if Russia returned the four islands they stole, their would obviously be no need for it either.
"Trust us! We are good!" Pathetic.
The U.S., U,.K. and the European Parliament consider the four islands to be Japanese territory under Russian occupation. It's not just Japan.
This is what one should consider a purely political position based on Russophobia than a reasoned legal decision.
-8 ( +11 / -19 )
Japanese police cannot win in JapanToday. If they didn't shoot the person, someone would have pointed out how dangerous it is to go against someone with a blade, and that the correct answer is a gun. If they shot the person, we get this.
0 ( +4 / -4 )
The judgment (opinion) can be read here:
Overall, I have to agree with the majority, for the simple reason that the wording in the relied on statute is insufficient to authorize the measures being taken, and agreeing to accept such expansive interpretations of the statute by an administrative agency to expand its authority is dangerous to the overall development of the law. Congress has had time, if it so wished, to legislate for such moratoriums, and yet it chose not to do so. The word "other measures" simply cannot excuse this exploitation, and indeed, a common criticisms of the law of the PRC is the inclusion of similar phrases in the language. If a distinguishment is to be made between US law and PRC law, then, the Court must apply a restrictive interpretation to such language, limiting "other measures" to measures that are analogical to the examples already listed rather than a near plenary grant of power is essential and correct.
It may be true that in the past the administration has gotten away with analogical exploitation of the statute. It should not, however, be interpreted as an endorsement by the legislature of such wide-reaching authority. It is that the then landlords presumably did not attempt to challenge the law. Should they have challenged it, the court should rightly have reasoned as it did today. Further, unless it is clear that the key drafter comprehends that the "broad authority contained in the first sentence" can stretch to mean blocking evictions, the law should not be interpreted to include such.
The idea that the "current Congress did not bristle" is somewhat lessened by the fact it chose to expressedly authorize the eviction ban, but with a time limit. The clear message is that it is not the current Congress' will to allow these bans to continue at the discretion of the administrative agency. I do not disagree with the notion that overall the eviction bans seem a justified idea, but the majority is right that the right and duty lies with Congress to take the decision on the issue.
6 ( +6 / -0 )
Kelly was just trying to do what he thought was best for Nissan, Kitamura added.
This defence lawyer needs to go back to law school. The law is not meant to be "What is best for Nissan", but to balance the interests of all parties. In doing "What is best for Nissan", Kelly was indifferent to Nissan's legally mandated obligation to its stockholders to report its financial condition with accuracy. That's why he will be convicted.
M3M3M3 Aug. 20 07:19 am JST
Finally, an objective explanation! I agree.
Asiaman7Aug. 20 07:41 am JST
Both would have paid for services after retirement and did not have to be disclosed in Nissan Motor Co.’s annual securities reports, which are the focus of the trial.
I see that the line is indeed in the article. The article, however, is unclear WHO made this assessment. Kelly's defense lawyer? Ghosn? What's the reasoning they "did not have to be disclosed in Nissan's security report" in light of the clear legislative purpose of the law to provide accurate information to stockholders and potential stock buyers?
Also in the article:
However, University of Tokyo professor Wataru Tanaka, an expert on company law, testified during the trial as a witness for the defense that neglecting to include facts in a securities report, rather than making false statements, should be penalized by a fine, not jail time.
My comment would be this: Often, one can lie by omission just as effectively as by commission. I'll suggest that in legalsphere, the main differentiation between "neglecting to include" and "making false statements" is in the subjective aspect. Neglecting to include is a crime of negligence, of being insufficiently inattentive. Making false statements is a crime with intent. Since Kelly had intent ("helping Nissan"), his crime would be categorized at the latter.
@sakurasukiAug. 20 07:34 am JST
Ghosn confirmed about this in one of his interview, when he explained this alternative is more like amakudari (天下り) something that common in Japan.
"Like" is not "identical", apologist. The difference is that in amakudari, the guy is being paid by the receiving company. Ghosn's money is coming straight out of Nissan.
-1 ( +2 / -3 )
@AntiquesavingToday 09:36 am JST
This false. A simple look at Tohoku forced evacuation, etc.. proves that wrong.
IIRC, Kenny actually replied you on a very similar point in the last COVID-19 whinethread, pointing out that there is no such thing as an Evacuation Order, only Evacuation Recommendations (I think he said Advisory, but Recommendation is in the most recent governmental English pamphlet) and Evacuation Instruction, and the former is being scrapped this year for sake of avoiding confusion.
While in the perception of laymen an instruction is "forced", the fact is that it is not an order. It does not create a legally binding obligation for you to obey, and no penalties are applicable for non-conformance. With so many Tohoku evacuees, even figuring they are relatively obedient Japanese sheep statistics will say some must have not complied with the instructions. Have you ever heard of penalties inflicted on them?
-2 ( +1 / -3 )
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