Article 97Judicial Decisions Against Which Appeals with Permission May Be Filed
第九十七条（許可抗告をすることができる裁判等）
An appeal may be specially filed with the Supreme Court against an order made by a high court on a case for adjudication of domestic relations (excluding an order on the petition set forth in the following paragraph), only if that high court permits it pursuant to the following paragraph, beyond the case under the provisions of Article 94, paragraph (1); provided, however, that this applies only when an immediate appeal may be filed against the order on the assumption that it is a ruling made by a family court.
When the order set forth in the preceding paragraph contains a determination that is inconsistent with precedents rendered by the Supreme Court (or precedents rendered by the former Supreme Court or those rendered by high courts as the final appellate court or the court in charge of an appeal filed against a ruling, if there are no precedents rendered by the Supreme Court) or when the order is found to involve other material matters concerning the construction of laws and regulations, the high court set forth in the paragraph must, upon petition, permit an appeal filed against the order.
The petition set forth in the preceding paragraph may not state the grounds prescribed in Article 94, paragraph (1) as reasons for appeal.
Where permission is granted under the provisions of paragraph (2), it is deemed that the appeal set forth in paragraph (1) (hereinafter referred to as an "appeal with permission" in this Article and paragraph (1) of the following Article) has been filed.
The court in charge of an appeal before which an appeal with permission is pending conducts an examination only with regard to the reasons for the appeal with permission indicated in a petition for permission under the provisions of paragraph (2) or a statement of reasons for a petition under the paragraph.
The court in charge of an appeal before which an appeal with permission is pending may quash the order in the prior instance if it contains a violation of laws or regulations that apparently affects a judicial decision.
許可抗告が係属する抗告裁判所は、裁判に影響を及ぼすことが明らかな法令の違反があるときは、原決定を破棄することができる。
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appeal with permission
「許可抗告」
In Articles 97 and 98, an appeal to the Supreme Court against a high court's decision in an adjudication case, treated as filed once the high court permits it because the decision conflicts with Supreme Court precedent or otherwise involves an important question of interpreting laws and regulations.
Short name set inArticle 97, paragraph (4)· applies only in this article and in Article 98, paragraph (1)
Supreme Court
最高裁判所
The highest court, and the court of last resort on whether any law, order, regulation or official act conforms to the Constitution (Article 76, paragraph (1), and Article 81). That power is what makes the Constitution enforceable: there is no penalty attached to breaching it, and instead a conflicting rule is held to have no legal force (Article 98, paragraph (1)). Its judges are reviewed by the people at the first general election after appointment, and again after ten further years (Article 79, paragraph (2)).
Written by AI using Constitution, Arts. 76, 79, 81, 98 and Wikipedia: Supreme Court of Japan as a reference.