The Seal Law and the Jitsuin System in Japan

The culture of seals in Japan has played an essential role in various aspects of society from ancient times to the present day. A seal is not merely a tool but a symbol of an individual’s or organization’s authority and credibility, deeply rooted in the lives of the Japanese people. This article will explore the Seal Law and the Jitsuin system in Japan and reflect on their significance in modern society.

Historical Background of Seals

Ancient Seal Culture

The culture of seals was transmitted from China to Japan. In China, the seal system was established during the Qin and Han Dynasties, and it was used to prove bureaucratic authority and social status. This culture was introduced to Japan between the Yayoi and Kofun periods. One of the most famous examples is the “King of Na’s Seal” (金印), discovered in Shika Island, Fukuoka Prefecture. This gold seal was presented by Emperor Guangwu of the Eastern Han Dynasty to the king of the Na Kingdom, and it is one of the oldest seals in Japan.

Seals during the Ritsuryō Period

The introduction of the Ritsuryō system brought a unified governance structure to Japan. During this period, the Imperial Seal (天皇御璽, Gyoji) was used to mark imperial edicts and official documents issued by the emperor and central government. Seals also became indispensable in local governance and public procedures. The system of official and private seals was established during the Ritsuryō period, and seals became symbols of authority and trust.

From the Medieval to the Early Modern Period

In the medieval period, the rise of the samurai class led to the use of seals within the warrior society as well. Notably, a signature style called “Kaō” (花押) used by warriors was used alongside seals. During the early modern Edo period, seals became widespread among merchants and commoners, and the practice of affixing seals to commercial transactions and contracts became commonplace.

The Seal Law and Modern System

Foundation of the Seal Law

The seal system in modern Japan is based on the Civil Code and Commercial Code, established during the Meiji period. These laws stipulate that contracts and signatures using seals have legal validity. Additionally, the Penal Code includes the crime of “seal forgery” (印章偽造罪), with strict penalties for the counterfeiting and misuse of seals. As a result, seals have become an essential and legally protected means of certification, not just a social custom.

Overview of the Jitsuin System

A Jitsuin is a registered seal with legal validity, used in significant matters. To use a seal as a Jitsuin, it must first be registered at the local municipal office, and a registration certificate is issued. This registration officially recognizes the seal as unique to the individual.

Some of the main situations in which a Jitsuin is required include:

  • Real estate sales and rental agreements
  • Car purchases and registrations
  • Inheritance procedures
  • High-value loan agreements (such as mortgages)

Importance of Seal Certificates

When a Jitsuin is registered, a “Seal Certificate” (印鑑証明書) can be obtained from the local government. This certificate verifies that the seal is indeed the individual’s, and it is often required in contracts and public procedures. The Seal Certificate is highly reliable as a form of personal identification, making it indispensable in real estate transactions and major contracts.

Seal Culture and Social Impact

Japan as a Trust-Based Society

Japan is a society that highly values “trust,” and seals have served as a means to visualize this trust. Particularly, the Jitsuin is regarded as proof of an individual’s will, and documents affixed with a Jitsuin are considered to reflect the person’s consent. Therefore, the use of a Jitsuin is viewed as a way to guarantee social credibility.

From Common Seals to Jitsuin

In Japan, seals are used in many aspects of daily life. The “Inkan” (印鑑) or “common seal” is used for simple procedures such as receiving deliveries or signing for routine matters, while the Jitsuin is used for major contracts and transactions. Seals have different roles depending on the context, and they are deeply ingrained in the daily lives of the Japanese people.

Contemporary Challenges and Outlook

Digitalization and Changes to the Seal System

Recently, with the spread of electronic contracts and digital signatures, opportunities to affix seals to paper documents have been decreasing. As a result, there have been movements to reconsider the seal system itself. However, even with the rise of digital signatures, there are still many situations, particularly involving large transactions or real estate procedures, where a Jitsuin and Seal Certificate are required, continuing to play an important role.

Preserving and Passing Down Seal Culture

Japan’s unique seal culture is a valuable cultural heritage with a long history. Amid the digitalization of society, the challenge lies in how to preserve and pass down this traditional culture to future generations. It is also important to appreciate the artistic value and craftsmanship involved in seals, and to safeguard these traditions.

Conclusion

Japan’s Seal Law and the Jitsuin system are based on a long-standing history and tradition and continue to play a crucial role in modern society. Although the use of seals is decreasing with the advancement of digitalization, they remain an essential and legally recognized means of certification. In the future, the challenge will be to balance electronic contracts with traditional seal culture and to determine how to preserve and utilize this valuable heritage in modern times.

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