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การประชุมวิชาการ
                                                                                         สถาบันพระปกเกล้า ครั้งที่ 16   87




                         other Justices of the Supreme Court are appointed by the Cabinet.
                         The Constitution requires that appointment of Justices of the Supreme Court
                         shall be reviewed at the time of the general election of the House of
                         Representatives. Judges of lower courts shall be appointed by the Cabinet from
                         the list of persons nominated by the Supreme Court. Judges are assumed as
                         the brightest people and highly professional. Most of judges are recruited from
                         among those who passed the National Bar Examination. There are also judges
                         appointed from among experienced law professors. They are regarded as people
                         of cleanness and integrity. They are among the most respected in the Japanese
                         society. There is no room for nepotism in the appointment of judges in Japan.


                           afeg ard  rgani ations against the Corr  tion
                               In addition to the Judiciary which is not a pro-active organization because
                         of the nature of its function, there are other important organizations working to
                         investigate or to prevent the corruption and to ensure the appropriate
                         functioning of the government. They are the Public Prosecutors Office, the
                         Police at the national as well as local government level, the Board of Audit, and
                         the National Public Service Ethics Board of the National Personnel Authority.
                         The Administrative Evaluation Bureau contributes to this purpose through its
                         evaluation and inspection activities. The Fair Trade Commission contributes also
                         through its activities against the unfair business transactions involving public
                         expenditures. Independence of these organizations and activities is quite high
                         and status of top officials of these organizations is secured against the arbitrary
                         intervention from outside.



                         Reality of Separation of Power and Systems and

                         Organizations for Democracy



                               For the systems and organizations to function as expected, it is crucially
                         important to have the trust of the people in them. Having the systems and
                         organizations is not enough to have the trust of the people. Once the systems
                         are adopted and organizations are established, they must begin functioning as
                         expected. Otherwise, the situation works to lessen the trust of the people and
                         the situation becomes even worse, causing the vicious cycle.

                               Having discussions in the preceding part on the systems and organizations
                         as expected by the Constitution and laws, the next discussion is on the                         เอกสารประกอบการอภิปรายร่วมระหว่างผู้แทนจากต่างประเทศ
                         systems, organizations and people functioning in reality.
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