It has been pointed out that the basic concept of the guardianship system should be fundamentally changed. What are some of key ingredients?
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Mr. Nukada
The version of the guardianship law drafted by the Japanese Association of Lawyers
borrowed some aspects of the German system after those of many
different nations. The national draft incorporated some
sections of our draft. Yet, the overall basis of our draft is
categorically different from that of the national draft We
may have to admit that taking into consideration the societal
mutuality of our nation today, the government draft may be more realistic.
One key factor is the concept of contract. The idea of a highly independent and
individualistic mind is not yet fully accepted in Japan, and
this idea is what dictates personal affairs based upon self will
and responsibility - the basis of a contract.
Secondly, it is doubtful that Japan has developed the necessary
commitment to mutual assistance as a societal concept.
Technically speaking, in terms of legislative
efforts, there was good team work in Germany between the
government welfare and justice departments. Because of
Japan's vertical bureaucratic structure, it is not
feasible for the Ministers of Welfare and Justice to work
closely together. This time in Japan, it was the Ministry of
Justice that took sole and full responsibility in developing the law.
Do you feel that the new guardianship system is attractive to the people of Japan?
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Nukada
The new system does not force the
entering of any record into the Family Registration and
this makes recipients more comfortable. The elimination
of the psychological barrier of public exposure of
incompetence may encourage a family to use the system,
although we will have to wait and see the actual response.
The system has to get its legitimacy
from the people. Individuals should feel that any one of
them could become dependent on the system at one time or another
and they should find that the changes are real, and not just
changes in semantics. They must be able to see the differences.
It sounds like the guardianship issue depends highly on the maturity of civil society.
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Mr. Nukada
Take German case for
example: it is in our standard. Highly developed,
traditional volunteer activities by church groups and
philanthropic societies have historically played a very
significant role in furtherance of their system. These
organizations could easily become key providers of
professional training for workers needed in a new system once
they acquire a status as a legal person and appropriate support
of the government. In England as well, a vast number of
welfare volunteers have been very active in many fields.
On the other hand, the abrupt creation of a new system
without such traditional development may not function To
that extent, it is most desirable that civil society in
Japan develop and mature.
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