ODR connection from odr_room Network in Japan

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2009年01月

30

(Full version) ICA-Net - The complaint handling Network by 5 countries launched.

http://j-net21.smrj.go.jp/watch/news_tyus/entry/20090120-05.html
(This article is only Japanese)


Here is a translation and quoted with a great help from Mr. Mizushima, the japan daily industry news, allowing to post this article.

The trial project, "ICA-Net", by consumers complaint handling entities from 5 countries will be launched in January, 2009. The purpose of ICA-Net is to decrease anxiety for e-commerce, such as fraud, miscommunication, cultural difference and many kind of troubles. That will make expand e-commerce market with people conveniences.

Dec. 2008, The kick-off meeting for ICA-Net was held in Tokyo, attending with EC Network(Japan), BBB online(US), SOSA(Taiwan), CASE(Singapore), NCCC(Malaysia). They agreed to launch a trial use within January,2009 in the meeting.

The complaint handling entity, is called "CALO", Consumer Advisory Liaison Office, will translates a complaint from consumer and post it to the ICA-Net system, which was developed by EC Network, to notify a issue to respondent CALO(B). The CALO(b) will take action with related company or police or other organization to solve the problem. The result will be reported thru the system again.  The petitioner CALO will translates the result to own language and transfer it to the consumer.

EC network reported that they received 649 claims in 2007 increasing 63 more than 2006, including 136 international problems.(increasing 28 than 2006). 40% of them were mail ordering trade, another 40% were related to auction trading. Most of them were not-delivery case after paying by credit card.

ICA-Net plans to promote to join more country. Thailand and Vietnam will join in 2010, will encourage APEC members until 2011, and co-work with ECC-Net with which 27 Euro countries join, until 2013.

However, factual number of troubles must be more since many consumers bear it silently without knowing those entities to support consumer's complaint. The challenge is to gain their recognition and get a financial foundation.
27

ICA-Net - The complaint handling Network by 5 countries launched.

http://j-net21.smrj.go.jp/watch/news_tyus/entry/20090120-05.html
(This article is only Japanese)

[The trial project, "ICA-Net", by consumers complaint handling entities from 5 countries will be launched in January, 2009. The purpose of ICA-Net is to decrease anxiety for e-commerce, such as fraud, miscommunication, cultural difference and many kind of troubles. That will make expand e-commerce market with people conveniences.]


I personally worry about cultural difference or difference of basic assumption on many things. For instance, logistics in japan for me is highly trusted. Well-trained staffs take a delivery carefully. Actually, the staff will bring each delivery to hand to a receiver.

A following movie may be very miner case, but I worry about it.
http://www.neatorama.com/2009/01/05/big-brown-at-your-service/

In japan, This link (http://news.auction-style.com/yusou/) summaries accidents or crimes by logistics company or staffs.


[ The kick-off meeting for ICA-Net was held in Tokyo, attending with EC Network(Japan), BBB online(US), SOSA(Taiwan), CASE(Singapore), NCCC(Malaysia). ]


The project seems to be started, I believe the project will improve trust among members from each country, will establish trusted e-commerce market.


If you are interested in more details, please contact us without any hesitation.
12

International fraud in Japan increased 16 times more than 2004

(Japanese article)
http://www.nikkei.co.jp/news/shakai/20090112STXKF032009012009.html

International fraud in Japan increased 16 times more than 2004, JETRO reported.
Companies were proposed virtual business deal by email and were defrauded thousands of yens. The foreign ministry alarmed but there happened the case to be a kidnapping for ransom money.

The Japanese foreign ministry announced that these international fraud had happened since around 1980 in African countries. They called those claims "419 claims" because of Nigerian law 419 clause for Fraudulent.

The ministry also reported that criminals had used FAX or letters before, but recently they send emails to thousands companies with false deal information, and they cheated money from some companies who had contacted as response.
5

Why? Still arguing the citizen judge system among lawyers

Over 1 month past since the citizen judge candidates were informed at the beginning of December, 2008.
Argument among lawyers are still activated after the law was executed. Their reasons are "Attending court has no meaning by law naive citizens", "The system is waste of tax". "impossible enough trial for a short term", and so on. Why now?

Although the law prohibits to disclose "being selected as candidate", a certain lawyers group demonstrate that some candidates who disclose even their name oppose to be selected as candidates.

http://mainichi.jp/select/jiken/news/20081221k0000m040022000c.html
(japanese article)
Three persons had a press conference to demonstrate opposing the law.
裁判員制度:反対訴え候補者3人が実名会見 東京

Another lawyers group reported that they researched among lawyers and resulted that 68% were opposed in the answer(percentage of replies was 10%).

http://mainichi.jp/select/jiken/news/20081224ddm041040033000c.html
(japanese article)
Commence the citizen judge system. Research revealed 68% disagree in 10% replies.
始まる裁判員制度:弁護士アンケ、回答は1割 68%が反対

Of course there are acclaims.
A citizen group in Kyoto, a representative person said "Participation to law is the right of citizens, it's possible to decide guilty or not guilty"

http://mainichi.jp/select/jiken/news/20081222k0000e040061000c.html
(japanese article)
The citizen judge system is a chance for rule by citizens.
裁判員制度:「市民の司法、実現の好機」京都の活動再評価

The research above said 32% were approved for the law. Those reasons are "Citizens common sense could reflect", "decrease bad effect of paper inquisition".

I have two questions from those voices.

One is that......
Why do those lawyer who are most closing party to LAW disagree with it after the law was executed?
Did the government proceed without hearing from them?
If the process had problem, they could point out it and prove it to discuss again.
There was no announcement regarding this points now.

Another view is that who does agree or who does disagree?
One of keywords is "death penalty" law. A certain research revealed that over 80% of citizens agreed with it.
(japanese only)http://www.tokyo-np.co.jp/article/tokuho/list/CK2008102202000089.html

The lawyers who oppose "death penalty" are afraid of that the citizen judge system could increase decision of "death penalty". However, some said that citizen judge could not choose "death penalty" decision with its heavy result.
(japanese only) http://www.iwanami.co.jp/sekai/2008/06/090msg.html

From agreeing side, there is a reason of "assumed innocence".
One opinion exists that "presumed guilty" decisions might have made in criminal court which resulted 99.9% guilty, but citizen judge may make change this tendency. However, another opinion said citizen judges tend to be a side of victims will make it more presumed guilty.

The followings are quoted and translated from article by Professor Gotoh.
http://www.iwanami.co.jp/sekai/2008/06/090msg.html
"I think japanese citizen should participate to apply death penalty judge, if japanese nation intend to continue it, it should not force the burden on only lawyers. originally, citizens have the burden to continue it".
"The citizen judge system makes japanese nation to direct to death penalty anew. It may make a new vision for it. If we will not go into a new system, the citizen judge system, we could not have any possibility."
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