Reconstruction of image of lawyer toward powerful judicial power

在法国，司法权是一个理论概念，而不是一个制度现实。日本和法国最大的不同是，只有法国有活跃的工会。在法国，一般承认法官对涉及其专业兴趣的问题发表意见。从18世纪开始，政治家们就开始介入法官的人事问题。因此，工会一直是这种政治干预的反平衡者。无论是在日本还是在法国，司法权和司法权都面临着许多相似的问题。例如，公民社会要求的增加、行政权力过度膨胀的危险对受害者的保护和救济的要求。在法国，在全球化和欧洲一体化的背景下，法国司法权越来越积极地扮演着承担各种社会需求的角色，并发展着相互合作的关系。日本必须学习法国等欧洲国家的做法，克服根深蒂固的法官同质化教条。要弱化对法官的官僚主义控制，必须塑造一个品格丰富、业务素质高的法官形象。

In France, jurisdictional power is a theoretical concept, not a institutional reality. Therefore, they have much possibility to discuss on it The most important difference between Japan and France is that it exists active labor unions only in France. It is generally admitted in France that judges express their opinion about issues concerning their professional interests. Traditionally, politicians interfered with personnel matters of judges from the 18th Century. So, labor unions has been a counter balancer to such political interference. Not only in Japan but also in France, jurisdictional power and judicial power face many similar problems. For example, increasing of demands from civil society, danger of hypertrophisation of administrative power demands of protection of victims and their remedies. In France, under the circumstances of the globalization and European integration, French jurisdictional power is becoming more and more active in playing a role to assume various social needs, with developing a mutual cooperative relationship. Japan must learn from practices of European countries, such as France to overcome the dogma of homogeneity of judges, which is profound in our mentality. We have to conceive a image of judge with rich character and high professional quality to weaken bureaucratic control of judges.