As described above, problems as follows have become clear in implementing the Saiban-in system smoothly: many people are unwilling to participate in trials as a Saiban-in at present; many people point out the difficulties in arranging their schedules to participate in trials and their psychological uneasiness, and current trials require a larger number of court days than the maximum days that more than 50% of respondents answered they would be able to spare for attending trials. Therefore, we will examine measures to make it easier for the general public to participate in trials as a Saiban-in.

  In order to make it easier for the general public to participate in trials as a Saiban-in, it is important to shorten trial schedules of cases to be covered by Saiban-in trials as much as possible so as to obtain the cooperation of Saiban-ins. The Saiban-in Act defines that cases covered by Saiban-in trials shall be brought to Pre-trial Arrangement Procedure (yet to be put into force). Among all cases to be covered by Saiban-in trials brought to Pre-trial Arrangement Procedure between November 1, 2005 and April 30, 2006, judgment was rendered in the first instance for 35 cases as of April 30, 2006. Trials were opened "three times or less" for nearly 71% of these 35 cases and "over three times but six times or less" for nearly 26% of them (see Section 5 of this Chapter).
  Compared with the above-mentioned percent ratio by number of times of trials for all persons finally disposed in the first instance for cases to be covered by Saiban-in trials in 2005, the ratio of "three times or less" and the total ratio of "three times or less" and "over three times but six times or less" were larger. This indicates that the number of times of trials has been decreasing for cases to be covered by Saiban-in trials brought to Pre-trial Arrangement Procedure. The Pre-trial Arrangement Procedure system has thus been operated smoothly and seems to have helped reduce the number of times of trials for cases covered by Saiban-in trials.
  It is indispensable that the court, public prosecutors, and defense counsels further deepen understanding of this system, cooperate with each other, hold enhanced trials concentrating on major issues in a planned manner, and shorten the trial schedule of cases covered by Saiban-in trials as much as possible so as to obtain the cooperation of Saiban-ins.

  Next, we will examine what the general public consider important to make their participation as a Saiban-in easier.
  According to the results of the Questionnaire Survey by the Supreme Court, to the question, "What do you think should be done to make it easier for people such as company employees to play a role as a Saiban-in?", the largest number of respondents (nearly 67%) answered "deepening understanding of corporate managers and executives about the system," followed by those who answered "providing financial compensation when income decreases" (nearly 59%), "considering as paid holidays" (nearly 57%), and "the court shall consider the work schedules of Saiban-ins" (nearly 45%).
  Fig. 6-5-6-5 shows the answers to the question, "Please cite the most important one among them."

Fig. 6-5-6-5  Arranging an environment to make the general public's (company employees') participation as a Saiban-in easier (the most important one)

  Those who answered "deepening understanding of corporate managers and executives about the system" and "providing financial compensation when income decreases" were the largest in number, accounting for nearly 65% of the total.
  Looking at the answers to the question, "What do you think should be done to make it easier for people who take care of the aged or children to play a role as a Saiban-in?", the largest number of respondents (nearly 69%) answered "making it easier to utilize facilities," followed by those who answered "providing financial compensation when utilizing facilities" (nearly 67%), "arranging an environment where people can ask for help" (nearly 42%), and "the court shall consider caring and fostering schedules of Saiban-ins" (nearly 41%).
  Fig. 6-5-6-6 shows the answers to the question, "Please cite the most important one among them."

Fig. 6-5-6-6  Arranging an environment to make the general public's (caretakers' and fosterers') participation as a Saiban-in easier (the most important one)

  Those who answered "providing financial compensation when utilizing facilities" and "making it easier to utilize facilities" were the largest in number, accounting for nearly 68% of the total.
  Based on these results, many people seem to consider it important to arrange an environment from various aspects so as to make the general public's participation as a Saiban-in easier. Actually, it must be difficult for those who are working for a company or are taking care of the aged or children at home to participate in trials as a Saiban-in by arranging their schedule, if the company does not understand the significance of the system and gives no consideration to the participation of its employees or there are no other people around to take over caring or fostering work, even though they themselves are willing to participate.
  In that sense, arranging an environment from various aspects is very important so as to make the general public's participation as a Saiban-in easier. In particular, it is extremely important to deepen understanding about the Saiban-in system not only among those selected as Saiban-ins, but also among people around them including family members and those at workplaces so as to obtain their cooperation to make participation as a Saiban-in easier. It is highly required to widely deepen the general public's understanding of the Saiban-in system through PR activities to be mentioned in the following (3).

  According to the results of the Questionnaire Survey by the Supreme Court, a significant number of respondents cited "psychological uneasiness" as the most serious obstacle to participating in trials as a Saiban-in. In order to promote the general public's participation as a Saiban-in, such uneasiness should be eliminated. For that purpose, it is indispensable to deepen the general public's understanding and interest about the significance and concrete contents of the Saiban-in system.
  Article 2 of the Supplementary Provisions of the Saiban-in Act (already put into force) also provides that "considering that the system of participation of Saiban-ins in criminal trials can fully play a role as the base of Japan's judicial system only upon the general public's awareness of the worthiness of participation in the judiciary and cooperation based on it, the government and the Supreme Court shall, during the period up to the enforcement of this Act, explain the significance of the general public's participation in trials as a Saiban-in, procedures to select Saiban-ins, duties of Saiban-ins in trials and deliberations on cases, etc. in a concrete and easy-to-understand manner, deepen the general public's understanding and interest about the system of participation of Saiban-ins in criminal trials, and take other necessary measures to have the general public participate in criminal trials voluntarily out of their awareness of responsibilities."
  The court, the Ministry of Justice, the Public Prosecutors Offices, the Japan Federation of Bar Associations, and related ministries and agencies have cooperated with each other and carried out various PR activities, ranging from various lectures and symposiums, distribution of PR magazines, implementation of mock trials, to other activities carried out at various events. Through such PR activities, the related parties have promoted contact with local people and have answered various questions about the Saiban-in system sincerely. The general public's understanding of and interest in the Saiban-in system seem to have been gradually deepening. As described in the above (2), it is extremely important to have corporate managers and executives understand the Saiban-in system. PR activities for such persons have also been carried out actively, and their understanding also seems to be deepening.
  It is highly required to further continue creative efforts to widely carry out various PR activities.

  In order to have the Saiban-in system fully function with a majority of people willing to participate in trials as a Saiban-in, it is important for all of the general public to feel familiar with law and the judiciary and have willingness to participate in the judiciary proactively as its premise. For that purpose, it must be effective to provide ordinary people, who are not specialists in legislation, with education that would enable them to understand law and the judiciary system and the values underlying beneath them, and learn a way to consider things legally (hereinafter referred to as "legal education"). Through providing such education, it is also expected to reduce the above-mentioned "psychological uneasiness" that the general public have for participating in Saiban-in trials.
  The Ministry of Justice established the Study Group on Legal Education consisting of people related to education as well as intellectuals of various sectors of society in July 2003. The Study Group submitted a report to the Ministry of Justice in November 2004. The report indicates that "the legal education should aim to have people understand (1) the fact that the law is the rule to respect each other for coexistence, (2) the basic idea of private laws such as the principle of private autonomy, (3) the basic values of the constitution and the law and (4) the fact that the role of the judiciary is the remedy of the rights and maintenance and formation of legal order." The report also points out that "the Ministry of Justice should make efforts to promote dissemination of legal education in cooperation with related agencies such as the Ministry of Education, Culture, Sports, Science and Technology, the Supreme Court, and the Japan Federation of Bar Associations. After that, the Ministry of Justice established the Legal Education Promotion Council in 2005, and has carried out deliberations on how to promote legal education based on the above-mentioned report by the Study Group, from diversified standpoints such as (1) implementation of legal education at schools, (2) efforts by those related to education and the judiciary concerning legal education, and (3) creation of teaching materials for legal education on the Saiban-in system, etc.