is a Japan

Japan

Japan is an island nation in East Asia. Located in the Pacific Ocean, it lies to the east of the Sea of Japan, China, North Korea, South Korea and Russia, stretching from the Sea of Okhotsk in the north to the East China Sea and Taiwan in the south...

ese government practice defined under Article 2 of the Administrative Procedure Act

Administrative Procedure Act (Japan)

The , enacted in 1993, governs general functions of government agencies in Japan.-Chapters:# General Provisions# Dispositions Upon Applications: Requires administrative agencies to implement concrete standards of review and indicate processing times for applications.# Adverse Dispositions:...

 of 1993 as "guidance, recommendations, advice, or other acts by which an Administrative Organ may seek, within the scope of its duties or affairs under its jurisdiction, certain action or inaction on the part of specified persons in order to realize administrative aims, where such acts are not Dispositions."

Historically, the government of Japan

Government of Japan

The government of Japan is a constitutional monarchy where the power of the Emperor is very limited. As a ceremonial figurehead, he is defined by the 1947 constitution as "the symbol of the state and of the unity of the people". Power is held chiefly by the Prime Minister of Japan and other elected...

 employed this practice in imposing its policies on individuals and organizations, implying poorer treatment for those who failed to comply with its non-binding advice.

The Act of 1993 was the first statute

Statute

A statute is a formal written enactment of a legislative authority that governs a state, city, or county. Typically, statutes command or prohibit something, or declare policy. The word is often used to distinguish law made by legislative bodies from case law, decided by courts, and regulations...

to specifically regulate the practice of administrative guidance. Under the Act:

• A government agency may not treat a person in an adverse manner solely because that person failed to follow administrative guidance (article 32.2).
• Administrative guidance may not be used to pressure a petitioner into withdrawing or modifying a petition once they have indicated an intent not to do so (article 33).
• The content of administrative guidance and the identity of the official responsible must be made clear to the counterparty (article 35.1).
• Verbal administrative guidance must be followed by a summary in writing if the counterparty demands it (article 35.2).

External links

• Administrative Procedure Act (Japanese/English text)