2005 年 42 巻 1 号 p. 88-132
The people's right for the pursuit of happiness shall be a supreme consideration in legislation. All of the people are equal under the law. The Japanese civil act assumes liberty, equolity and private autonomy as the basic principle. According to the Japanese family act, families put an idea of being connected by the personal love that is free, equality,and an equality of personal dignity and essence of two different characters in the basics. New reproductive medicine in recent days has caused many arguments on social customs and law conception as a word: "Parents". A biological conception is incompatible with other much deep intuitive recognition. Because we think "Parents" only on biological connection, the idea is incompatible with other modern understanding that it is a Social, biological, and intentional position. Perhaps it harmonizes with a law outline of current Japan to put in intention to think that they use mediation service, counsellig service, law service, reproductive assistance medical care and do create a child/children as well as it is appropriate that we take a mind state into a consideration on Realty Civil Law, Law of obligations and other law including Criminal Law.