"Enactment of Product Liability Act and future problems" is theme of symposium in the 81.meeting of Nihon-Hohseigakkai. We invited Prof.Akio Morishima(Nagoya University)and he made a report of some plans of PL-Act, discussion in "Kokumin-Seikatu-Shingikai" and details in legislation of PL-Act, of other problems. Our colleague, Prof.Yoshinobu Tai(Doshisha University)gave a report of a general idea of "defect", and Prof.Yasuo Inoue(Kinki University)gave a report of some problems in proof of fact. The contents of those reports entrust to these Prof.'s reports. After those reports, there were several question and answer, in this process, substance of PL-Act is become clear. This symposium was very significant meeting. I(as chairman)thank Prof.Morishima and our colleagues.

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This report explains to the following legal and actual problems of the defect of products. 1.On the general nature of defect. 2.On the essential elements of defect. 3.Bases for products liability. 4.To the liability of defect from the liability of negligence. 5.On the plea of development risk.

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The purpose of this paper is to study how the democratic movement in the 1920's developed in the eastern Harima Takasago region in Hyogo prefecture with Giichi Kawai playing a central role. The first democratic movement in Takasago was the campaign against the Mitsubishi Papermill Company's water supply works. This campaign was supported by the vast majority of Takasago people, becoming an uprising against the Mitsubishi Company's 'oppression'. Kawai, the Takasago Doshikai leader, played the major role in the campaign, which further broadened its aims, becoming concerned with reforming the town's politics, upsetting men in high places in Takasago. The allied organization of the Japan Farmers Union was established in May 1923, with Kawai as chairman and Chozo Yukimasa as secretary. This organization, having more than 3, 000 members at its peak, played an important role in forming the Japan Labor and Farmer Party(the JLFP). The eastern Harima branch of the JLFP was founded in January 1927, becoming the center of the labor and farmers' movement in the area. Yukimasa, JLFP candidate for the Hyogo Prefectural assembly, won in the first general election in 1927. His victory marked the climax of the democratic movement in this region.

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The 'constitutionalism' has prevailed as one of the main political and legal ideas not only in the Modern Western Nations but also in the Western-modeled Nations including Japan. Although the meaning of the term is very complex, it is certain that limitation of powers by law, in other words, a restriction of arbitrary power-exercised by the power-holders, is the core assertion of the constitutionalism. It is said that theoretical and historical roots of the constitutionalism can be traced back to Medieval Conciliarism or Investiture contests. But I think that the idea of restriction of exercising of the arbitrary power would rather date back to the ideological conflict between Church and secular power starting from the conversion of Constantine I to the Christianity in the late classic or early Middle Ages. In the third or forth century, Eusebius (Bishop of Caeserea) justified the supreme authority of the Emperor by saying: 'only one God, one Supreme Being, only one Emperor'. And it could be related to the caesaropapism of Byzantine Empire. On the contrary, the Roman Catholic Church claimed its superiority over the other Churches on the grounds of the Apostolic Succession (Succesio Petri), justifying it by New Testament (Matt.16:18-19). In the fifth century, Pope Gelasius I asserted to the East-Roman Emperor that 'Duo sunt', namely that there are two powers:the sacred authority of bishops and the royal power (known as two swords doctrine). In the sixth and seventh century, Pope Gregory I (St Gregory the Great) turned the orientation of the Roman Church to the West Europe and took an interest in the Germanic kingdoms. In the foregoing, I had concentrated my attention on the separation of power-holder (Gewalthaber) and decision-maker, and also discussed the theoretical basis of the constitutionalism.

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1.Preface This paper is a study about constitution consciousness of high school students. It is about 10 years ago that I settled this theme and started to research. <1>The meaning and purpose of consciousness research. (1)Because I make plans to study for the year and do research into class, I would rather know the interests of the students as receivers and what consciousness they have. (2)How young people today consider the changes of phases of life and sense of values and how they think of those, which seems to have a great influence for public order and the form of phases of life to the next generation, which I can expect to give some suggestion for future. (3)It is one of means evaluating the result to study social study-the separation the geography and history from the public study-and I can approach their real intention. <2>How to research. I researched all together by using sheets. For I thought that form of consciousness research prevented students from replying their idea and thought frankly. I handed out sheets to tell them the questions and anser. As soon as they read the question, I carried out how I got them to wwite. The time limit is about 15 minutes. <3>When I researched and the object of my research. I started from 1984, and carried out in class in January. 2.The result of research and the analysis. (1)The provision of the right to live. (2)About the system of social security. (3)About the right to strike, in the fundamental right for labor. (4)About the 9th article of the Constitution. 3.Conclusion We are studying and cosidering from various angles-the interpretation and use of the constitution. How we survey a future welfare state what it should be? We need to research continuously after this, analyze and consider the date thoroughly.

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In these day, some of American constitutional and political schollars suggested polemical arguments over the constitutional amending that can be categorized into htree ones:(1)Are there some limitations on the constitutional amending? (2)Is it possible for the U.S. Supreme Court to review the constitutional amending? (3)Is it natural for it to do such a thing? These Arguments have provoked conflicts in three arenas:(A)Expressly limitations on the substantive of the constitutional amendment, (B)Implied limitations on the substantive of the constitutional amendment, (C)Implied limitations on the procedure of constitutional amendment. When We, in this report, study on the matters above, taking it for granted that the constitutional amending power should be conceived to be "Institutionalized constituent power", because of the validity of the legal positivistic interpretation of the text of the U.S. Constitution Article V ordaining the constitutional amending process, We will get jurisprudential implication usefull for the argument over the revision of JAPANESE CONSTITUTION. All things considered, we conclude that (A)-(1)Yes, (A)-(2)Yes, (A)-(3)Yes, (B)-(1)Yes, (B)-(2)Yes, (B)-(3)Yes(limited admition), (C)-(1)Yes, (C)-(2)Yes, (C)-(3)No-these answers can be justified by the principle of constitutional democracy.

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The National Diet, which is "the sole law-making organ of the State", seems not to fulfill its function as yet. Thus, it is wanted over these days to make better use of Member-submitted bills, as part of Legislative Reform. Under the 1955 regime, policies proposed by the ruling party were mostly materialized, as bills submitted by the Cabinet. The majority of Member-submitted bills were submitted by the opposition parties;the approval rate of them was lower than that of Cabinet-submitted bills. This is why they were regarded as playing second part in legislation. In the present day of coalition government, however, such conditions are changing slowly. Paying attention to this point and viewing a role which Member-submitted bills will play in the future, I would like to study measures to materialize. 1.Cabinet-submitted bills vs.Member-submitted bills 2.Types of conventional Member-submitted bills i)Member-submitted bills approved-Contents and forms ii)Member-submitted bills disapproved(mainly submitted by the opposition parties) 3.Recent trend of Member-submitted bills Collapse of the 1955 regime is bringing about the change in a conventional role which Member-submitted bills-especially submitted by the opposition parties-have played. Focusing on this point, I would like to study measures to materialize Member-submitted bills in the future.

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In 1878, "San-shinpou" (Three new law of local administration) came into force. "San-shinpou" is known as the first systematic law of local administration. One is "Gunnkuchoson-henseihou" that is the regulation of prefecture's authority, and one is "Fukenkai-kisoku" that is the regulation of prefecture's council, and the other is "Chihouzei-kisoku" that is the regulation of prefecture's tax system. By common arguement of Japanese "Intergovernmental Relations", especially before the World War II, has been recognised as not equalized but centralized. But surveying discussins of "San-sinpou", many historian has said "San-sinpou" is comparatively self-governmental system. How "San-sinpou" were made? So far, "San-shinpou" was made by Matsuda Michiyuki who was a bureaucrat of Ministry of Home affairs. However Chihouzei-kisoku is regulation of tax system, it's quite obvious that Ministry of Finance took the initiative in making this rule. This paper examines reform of local taxation system in what is called "Meiji 0's" (1868-1876), in particular reform process in MOF.

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Die deutsche Zivilprozessordnung enthalt zwar keine Regelung uber die Pfandung verschiedener Forderungen eines Schuldners gegen mehrere Drittschuldner gleichzeitig in ein und demselben Beschluss. Aber in der Praxis werden die Forderungen an mehrere Drittschuldner durch einen Beschluss gepfandet. Die Arbeitsgruppe sieht es, dass diese Situation Probleme des Datenshutzes aufwerfe. Sie schlagt daher vor, durch Aufnahme eines Satzes 3 in § 829 Abs.1 ZPO eine ausdruckliche gesetzliche Grundlage fur die Aufnahme mehrerer Drittschuldner in einen Pfandungsbeschluss zu schaffen. Obwohl auch in Japan ahnliche Situation es gibt, doch steht die Untersuchung uber diesen Problemkreis noch aus. Unter Berucksichtigung der deutschen Losungsansatze nimmt der Verfasser dazu Stellung.

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In 1985, the Civil Law Division of the Legislative System Deliberation Council commenced deliberation on amendment to the Land Lease Act(1921), the Building Lease Act(1921) and the Building Protection Act(1909). The Civil Law Division led legislation of the new Land and Building Lease Act(1991), referencing the opinions of various sectors. The amendments made cover many areas, but it is understood that the newly introduced legislative principle is totally different from the past one, whose central notion was the protection of the tenant. In view of this, this paper is intended to define the legislative principle of term land lease rights based on an overview of the Term Land Lease Right(Article 22 of the Act). In addition, two other types of rights have been established, the Land Lease Right with Special Condition for Building Transfer (Article 23 of the Act) and the Commercial Land Lease Right (Article 24 of the Act). As a result of the new action, three new types of term land lease rights have come into being, adding variety to the Land Lease Right, which is bound to be invalidated with maturity of the given term. In contrast, there used to be two types of rights: the Common Rental Land Usage Right and the Short Term Land Usage Right. So as to define the legislative principle of term land lease rights, it is necessary to clarify the importance of the course of changes in legislative and social significance of acts relating to land and building lease after the Meiji Period. This is necessary because with land lease rights as defined in European countries and the United States of America, land and the buildings on it are taken to be inseparable property as a premise, and with usage rights, both land and the buildings on it are automatically taken to belong to the landlord without any additional action. However, the Japanese attitude toward the situation is different. The traditional Japanese principle toward land lease rights has developed uniquely in Japan. In light of this, when observing the birth of the new type of term land lease right. I believe taht its fundamental or primary principle may be detected among the course of legislative and social changes of land lease rights after the Meiji Period. The main legislation and amendment that resulted in the major amendments this time are as follows: The Building Protection Act (1909) was legislated in terms of the exclusion articles to Civil Law Articles 177 and 605 in order to cope with transactions attributable to earthquakes; the Land Lease Act (1921) and the Building Lease Act (1921) were legislated to cope with the serious situation of urban housing experienced after World War I, addressing affairs that were not covered by Civil Law (namely, rights for demanding an i ncrease or decrease in land rentals, etc.) and also defined forcible measures (namely, a legal basis for term of duration, right of purchase demand of building, decay and loss of building, etc.). By amendments in 1941 to the Land and Building Lease Act, "reasons for the common good" was introduced with a view to secure housing by establishing a social framework in the backing of all-out war support for World War II. This amendment is viewed as a change made within the scope of the Japanese land and building lease rights based on single contract of Roman law(See Note 1). However, the three types of Term Land Lease Rights (Articles 22, 23, and 24) that have been newly introduced to the Land and Building Lease Act this time bear a strong similarity to the land lease rights of western nations which are based, in the main, on Continental Law. Therefore, the point in question is whether there is a type of law similar to the Term Land Lease Right stemming from Continental Law that has been newly introduced to the Japanese Land and Building Lease Act.

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The organ transplantation bill was brought in to the Diet and transplantation of organs from the brain-dead bodies is about to be legalized. However, there have been widespread questions and objections since the Ministry of Public Welfare's research team announced the acceptance of brain death as death. We have accepted the heart death as death because of social consensus. The process for social consensus, in my point of view, needs to ge through three steps, that is;first, medical confirmation and consent, then the promotion of social acceptance, third, the making of social consensus. And the law has accepted the heart death as common law under the condition of this social cosensus. But the present situation is at best in the second process for the concensus of the whole community. Therefore, it is impossible to accept the brain death as death, even though it is accepted in the medical world. This denial would in principle lead to the rejection of organ transplantation from the brain dead. Still, we think it possible to transplant organs from the brain dead bodies if the donor has made a written consent or a donor card in person. In this case, the organ transplantation from the brain dead will be regarded as legal bacause it is a matter of the patient's self-determination. In the medical world, there has been a consensus on the brain death and organ transplantation, which can make patients' acceptance of organ transplantation from the brain dead different from suicide. Of course, if there was no consensus among medical experts, we would not let organs be transplanted from the brain dead. It is obvious that, even if family members of the dead surmise the will of the dead and agree to the organ transplantation, this agreement does not have the same effect as the will of the dead in person. This meand that, in my opinion, with a written form of consent for organ tansplantation from the dead in person, unless there is any rejection or disagreement among the bereaved family, organ transplantation should be admitted. Because in such cases the three processes are considered to be fulfilled just as if consensus of the whole community were made. On the other hand, there is a social consensus on the heart death, which makes it possible to decide whether a person is dead or not on the basis of heart death through the three signs of the heart death. The bereaved can consent to the organ transplantation from the dead unless there is no obvious rejection of the dead to it during his or her lifetime. For the reasons mentioned above, we insist that organ transplantation from the brain dead be done very carefully until the whole community accepts brain death as death, and we should not allow the patients to be experimental subjects or anything of that kind. At the same time, the central and local governments and medical experts must promote people to understand the necessity of organ transplantation and help spread donor cards, for the increase of people who, in self-determination, want their organs to be transplanted under the condition of brain dead will surely save the life of patients who need organ transplantation. We expect that the respect for human rights would be the only way to the stable and constant donation of organs, and this is the shortest way to the social consensus on brain death.

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1.Powers and status of UNCN UNCN as de jure administrator (a)Internal power of UNCN enactment of Decree no.1 and its effect (b)External power of UNCN admission into international organizations treatymaking lawsuit in the UN member states 2.State Succession of Independent Namibia Succession to treaties Succession to laws and public servants The UN Council for Namibia which UN General Assembly declared a de jure administrator of Namibia by GA Res.2248(S-V)[19 May 1967] after it had deprived South Africa of right to administer Namibia and placed it under direct UN administration by Res.2145(XXI)[26 Oct 1966], was entitled to administer the territory, legislate and maintain legal order untill its independence. This means that South Africa has no more authority concerning Namibia. Thenceforth the UNCN on behalf of Namibia participates in international organizations as observer in most cases and full membership in a few case of UN system. It enters into agreements with some international organizations and states and enacts Decree no.1 for protection of Namibian natural resources. The UNCN however, could not make effective government of Namibia because South Africa has't evacuate there. The situation continues until independence. In these circumstances the UNCN makes suit pleading violation of Decree no.1 in Netherlands. When Namibia becomes independent on 21 March 1990, it is incumbent on Namibia to decide which treaties among many ones she selects to suceed to. Independent Namibia virtually suceeds to treaties South Africa has entered despite legal disavowal of it.

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