The 84th meeting of Legal and Political Sciences was held on June 2nd at Daitohbunka University. The symposium (I was the chairman) opened at 13:00 p.m.. The five members reported their research on "Life and Death-Legal and Political Problems-". After their reports, we had some questions from the floor and answers by reporters. The symposium closed very successfully at 17:00 p. m..

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This study report gives an account of the parenthood of a child borne by a surrogate mother. The surrogate mother is a woman who conceives and gives birth to a child on behalf of a married couple who requested her to give birth. The childbirth by a surrogate mother is effected by artificial insemination and in vitro fertilization. The surrogate mother is divided into two types, a surrogate mother who undertakes the provision of an ovum, conception and delivery and a host mother who undertakes only the conception and delivery. This report covers both types of surrogate mothers. A study was made mainly of the determining factor for the parenthood as to who should be a mother of the child borne by a surrogate mother-a surrogate mother who actually gave birth or the wife who requested a contracted delivery or a woman who provided an ovum (ovum donor).

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On the japanese present steps that brainsdeath is humansdeath is not recognized, organstransplantation brings us various problems. Naturally on criminal Law, it was controverted if it constitutes a damage of dead body or a homicide to take out organs. Besides until today, the cases of organstransplantation on the kidney and the liver and the pancreas were changed and these are developing on criminal cases. But, it is sure that the state of circumference on organstransplantation in japan can not always deny the organstransplantation from the state of brainsdeath as a crime, as compared with recent medical circumstances in the world. In this situation, if we want to have a conclusion that organstransplantation is not a crime on criminal law, we will have to have a theory to justify it. In this paper, I want to consider how to be organstransplantation on searching the passage of academic discussions in japan. Contents 1. Introduction-indication of problems. 2. Examination about the act that take out organs without presupposition of brainsdeath theory. (1) Examination about the theory to take away quality of illegality on japanese criminal law. (i) Examination how to take away quality of illegality with justifable act of Article 35 japanese criminal law and the theory about the act that is accepted from a social point of view. (ii) Examination how to take away quality of illegality with emergency evacuation of Article 37 japanese criminal law. (iii) Examination how to take away quality of illegality with agreement of a patient and the family. (2) Examination about the theory to take away quality of responsibility on japanese criminal law. (3) In conclusion of the examination on this paper.

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There have been remarkable advances in medical science recently, but nevertheless there are many patients who cannot hope to be healed through current medical care and thus face death in the near future. Cancer is general terminally ill. Such patients are said to9 be in a "terminal state." The study and practice of care for such terminal patients is called "terminal care." Terminal care requires improving the patients' quality of life (QOL). Informed consent is really important for terminal care. The caregivers must understand psychological process of dying patient. The dying patients have numerous psychological issues : desire to living, anxiety, fear, anger, depression, regression excitement, delirium, existential sufferings, resignation or acceptance living. These states are changeable one another. This is the reason for that informed consent is terminal stage is extremely difficult. In the near future, the "clinical ethics" will be find a solution to these difficult problems.

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1. Introduction 2. Who Should Decide What? 3. Bioethics as Political Issue (1) Human Gene Therapy (2) Euthanasia 4. Role of Political Science Although a large number of studies have been made on bioethics, little is known about decision making process of the regulations concerning to this issue. Recently, we are confronted by many bioethical problems such as brain death, organ transplants, and abortion. Among these, I focused attention on human gene therapy and euthanasia. It must be noted that only a few private committees give permission to conduct human gene therapy projects. On euthanasia, court decision on a criminal action is the only guideline for active voluntary enthanasia. From these observations, we may say that Japanese decision making process of bioethical problems lacks diversity.

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From 1:00 pm on November 16, 1996 at Meijo University, the five members reported their research findings on the given topic, "Decentralization of Power." This was followed by two commentators, and further followed by a question and answer session in the floor. I was selected as coordinator of this Symposium. Being novice coordinate. I hesitate to say that we glided through the Symposium. Nevertheless, thanks to the cooperative, understanding and tolerant members, the Symposium closed very successfully.

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In order to promote decentralization, we must reduce authoritative participation of the central government over prefectures and municipalities, such as entrusted local governmental function by the central government, as possible as we can, and must establish an autonomous system what both municipality as fundamental local government and prefecture as broad local government are responsible to inhabitants in conformity with self-decision and self-responsibility. To do that, we should transfer fiscal right from central government to local government. In the concrete, to expand self-source of revenue of local governments, and establish fiscal authority throughout the review of the taxes allocated to local governments and state subsidies. And, so taht local governments can fit for the load of decentralization, we need to review whole of the local governance system. For example, the size of local governments and the mean of their merging, regulation assigned by the central government or by the national acts, authorities and relation between the executive and local ligislature, elective system of head and member of legislature of local governments, establishment of open-information and external inspection, and so on. The Committee for the Promotion of Decentralization, set up in May 1995, is assigned to supervise the project that the Government is going to make on the Committee's advise in its term of service. What the Committee must do is recommending some policies that can be put into operation to promote decentralization as early as we can.

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1. Historical Analysis 2. Point at Issue 3. Perspective 4. Conclusion-Local Self-Government of the Citizen, by the Citizen and for the Citizen

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This paper is an extract from my presentation given at Japan Association in Legal and Political Science in November of 1996. 1 Introduction Nowadays many referendums in Locol autonomy have been formed. For example Maki Chou and Okinawa prefecuture. There are many disputes in this problems. 2. The Analysis on some theories Many scholars on public law don't recognize the referendum. But, almost of scholars on political science recognize it. 3 Why have referendums in Local autonomy been formed? There are many reasons. But I think the most important reason is the assembly-men in Local government don't represent on the deligation of the district. Today the salaried workers account for large percents in most of local government. But salaried workers can't become the assemblymen, because they are busy. The merchants and formers easily become assemblymen, because they have free time. So, there is a big conflict. 4 Case study on Katano city The Referendum in Katano city did not pass in assembly. The mayor and most of assemblymen did not agree it. 5 Conclusion (1) The Relation of Local government and Democracy 〜direct democracy or indirecft democracy〜 (2) Which is important an amateur or professional on democracy? It is the most important that the mayor and the assemblymen pay an attention to the movement of the citizen.

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(1) Preface Since the 1960's Japan has enjoyed her economic development, and grown up as a great industrial state. Through this period many laborers moved from rural areas to urban areas, which has brought about the overpopulation in urban areas, and the depopulation in rurals. Various measures have been taken to solve this social problem. Here we shall discuss the issue of a decentralization in the depopulated municipality. (2) Characteristics of the period indicated in the changes of shares of urbanized municipalities and depopulated municipalities In the postwar as well as in the prewar the total number of municipalities has been decreasing : in 1996, the number is 3232 in total (city 665, town 1991, village 576), in which we can count the depopulated municipalities 1208. These municipalities share 37% in total number, 6% in population and 48% of national land, we can see urbanization also in the increased number of cities and decreased number of villages. (3) Finance of depopulated numicipality The share of local tax revenue is 9.6% in the total budget of these municipalities. The average share of local tax revenue on the national level is 34.4%. This contrast shows a weakness of financial power of these depopulated municipalities (4) Measures for depopulated municipality We have taken Takasu Village in Gifu Prefecture as an example of depopulated municipalities. We can also find many difficulties for them to keep their indepenedent status as an agent of decentralization when we look at their finance, tax revenue and man power. (5) Desirable way of decentralization Local Government Act of Japan enacted in 1947 is ideal act in itself, but many other legislations do restrict discretion of municipalities. We look forward to legislating these acts based on a new ides to foster discretions of municipalities.

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(1) In the electoral system of from three to five members district, an author's theory is different from the leading one in academy. (2) In electoral system of one single member district, my opinion is the same as Anglo-Saxon style. (3) The end of this new system in Japan is to sending oversea self-defensive forces by amendment of the article 9. (4) In post cold war, it is erroneous to send them by reason of the collapse of Soviet Russia.

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1. Preface This paper is a study about political consciousness of high school students. It is about 10 years ago and I settled this theme and stared to research. (1) The meaning and purpose of consciousness research. Because I make plans to study for the year and do research into calss. I would rather know the interests of the students as receivers and what consciousness they have. It is one of means evaluating the result to study social study. (2) How to research. I researched all together by usuing sheets. 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) On the ocassion of a request for voting. (2) Lowering the voting age. (3) The problem of ill-balanced fixed numbers of a Diet member. (4) The attitude of the government toward the safe-guard of the constitution. (3) Conclusion We are staying and considering from various angles…the interpretation and use of the conclusion. 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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1. Introduction I remarked the reason why I selected the theme, and the necessity of considering the system legally and culturally, which is described from a different point of view comparing with other postwar treatises on the Constitution of Japan. 2. The purpose, nature, and problems of this sytem I calssified some main interpretations of the Constituton focussing on the system. And then I showed the limitations of postwar explanations for consistency between the system and Japanese society's condition. Plus I wrote I and other specialists could not present a significant vision for the future from the postwar viewpoints. 3. The Judical Precedents of the Review of the Supreme Court I analized the precedent of the Supreme Court in 1952. And I looked over the background of the precedent which states the system of the review of the Supreme Court is that of recall. 4. The Origin of the system and the Revision from Japanese Conception I investigated throughly the process in which the legal system was added into the Constitution for the first time. And I researched into the reason why the original model of the review system has been changed into the present one. 5. Conclusion In conclusion, I specified three main points of legal culture or conception in Japan, which come from Japanese mentality. Second, I examined both the theory for retaining the system and that for abolishing the system. Finally, I concluded that the system should be abolished after these considerations.

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I. Introduction II. Investigation of the constitutional elements of the moral rights III. Investigation of the civil elements of the moral rights IV. Conclusion I investigate the moral rights of the defamation of character and the disturbance of a person's privacy in the right of personality. It is argued from the civil law point of view. I appeal that the base of the moral rights become a subject of discussion in private persons be required in the civil law itself, and to reinforce the function of compensation for damages and abatement of nuisance.

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The judgement of the Supreme Court was held on this problem on 10 November 1987. Suddenly the standpoint of the Supreme Court was established without sufficiently discussing this theme through the doctrines. Until this judgement, this problem was overlooked. So, after this judgement many doctrines were argued. Here, I would like to arrange and study these doctrines. Thereafter I would like to assert my opinion. The Supreme Court held that when a man who has the preferential right over objective mavables which compose floating lien does a compulsory sale of the movables by his title, a lienholder can generally stop the procedure by action. Because in this case the lienholder falls as the third person under article 333 in the Civil Code. That is to say, the floating lien and preferential right over movables don't compete with each other, and the lienholder is superior to the man who has preferential right over movables. There are many doctrines on this theme. But after arranging the doctrines on this theme, I think they are divided into three main groups. The first group is of the same opinion of the judgement of the Supreme Court. This group is a minority. The second group says that the relatopm between the two rights is not expulsive but competitive. Furthermore this group is divided into six doctrines. The last group treats this case in two sitations. The first one is that the floating lien stands still in the ordinary course of business, so the lienholder doesn't have to fixz or seize the movables. In this situation only the preferential right over objective movables is premitted. The second situation is to fix the floating lien. In this situation the doctrines are further divided into two, one treats the relation of two rights as expulsive, another treats it as competitive. I agree to the doctrines of the third group. Because the floating lien is different from other security in the point of two situations, it is better to treat these situations separately. After the floating lien is fixed, the relation of the two rights is competitive, because, if expulsive when the value of movables is expensive enough to pay the amount, it becomes short to protect the right of those who have the preferential right over movables.

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The present thesis covers a case study on the relation between unmarrried cohabitation and marrige in Sweden, taking various legal aspects into account. In recent many western countries we can see the contemporary phenomenon of living together without gettin married. Especially in Sweden, it became more common for children to be born outside legal marriage. And today mostly all married couples have lived together as unmarried persons for some period before getting married. "Do people avoid marrying with some intention ?" or "Don't people care if they married or not when they form the family?" And then I performed researches on it by in-depth interviews in Stockholm and Halsingland of Sweden during March to May 1993. The total sample of couples consists of 21 cohabiting couples, 3 cohabiting couples with the fixed marriage date and 10 newly marride couples. 9 out of 24 cohabiting couples and 8 out of 10 married couples have 1-3 children. In Swedish society there is no longer any discrimination to children outside marriage even on peoples consciousness. In most cases the differences in their acutual life between legally married and unmarried are very few. As long as they lead their life as unmarried cohabiting couples, however, they could't get the right of succession to partners property but the right of property division by the cohabitees sct (sambalagen). Moreover, it is mostly impossible to take either of their family nam, e as the only family name. Then couples with children can't have the same family name as one family. The formal condition of marriage in Sweden is holding a wedding. the wedding is celebrated with festivities and today the wedding contains the meaning of confirmation rather than a rite of passage.

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Ce qui remplit un role tres important dans les actions en recherche de paternite et de maternite naturelle, c'est l'examen des sangs qui decide l'existence de la filiation. Dans les pays europeens, les parties interessee et le tiers sont obliges de collaborer a l'expertise par DNA de la filiation et a l'examen des sangs. Mais au Japon, il n'y a pas de telle institution judiciaire, ni de la situation dans laquelle une loi est faite dans un proche avenir. Je soutiens qu'il faut l'obligation participante a l'expertise par DNA de la filiation et a l'examen des sangs, et qu'il faut la sanction au cas ou les parties interessee et le tiers refuseraient cette obligation.

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Ich beschreibe mit der Behandlung des Mietvertrags im Konkurs des Immobilienvermogensmieters. Dabei mochte ich die Auslegungsgrundlage klarstellen. In Japan gibt es eine lebendige Diskussion uber die Anwendugsmoglichkeit von § 621 ZGB (Zivilgesetzbuch) und §59 KO (Konkursordnung) im Konkurs des Immobilienvermogensmieters. Da der Vermieter gemass § 621 ZGB beim Immobilienvermogensmieters um die Festhaltung des Vermogenswerts des Mietrechts als Verteilungsmittel durch den Rucktritt von dem Vermieter nicht belohnt. Eine neue Auffassung ist der Ansicht, dass § 621 ZGB nur beschrankt anagewendet werden soll und bei der Kundigung ein berechtigtes Interesse vorliegen soll, um diese ungunstige Position zu beseitigen. Auf der ander Seit wird auch die Meinung vertreten, dass nur § 59 KO in diesem Fallangewendet werden soll. Da die Beteiligung des Mieters an der Fortfuhrung des Mietvertrags nach dieser Meinung im voraus beseitigt wird, kann der Verwalter den Vermogenswert des Mietrechts als das Verteilungsmittel in der Konkursmasse festhalten. Nach dieser Meinung kann der Vermieter aber sein Rucktrittsrecht nicht ausuben, obwohl das Rucktrittsrecht ihm zusteht. Dieses Ergebnis ist doch unbefriegend. Nach jede Meinung taucht das Problem auf, wie das Interesse des Mieters an Seiner Wohnung geschutzt werden Soll, da er Gegenstand des Mietvertrags die Lebensgrundlage des mieters ist. Die Festhaltung des Interesses am Wohnen stehen sich doch sehr oft gegenuber. Um eine befriedigende Losung zu finden, ist es nutzlich, dass man diesen Problemkreis aus rechtsvergleichender Sicht erortert.

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In 1970 "the low concerning punishment of pollution crimes related to human health hazards" was enacted. This law regards an act which causes any specific hazards to a human life or body as a crime to be punished, following the so-called pollution cases such as Minamata Disease case. It has adopted the provision of double punishment which regards not only an individual but also the subject of a corporation as a criminal and has the presumed provisions of a causal sequence. Despite these provisions, however, a target for punishment was limited to "emission of harmful substance accompanied by industrial activities", which made it impossible to apply the law to accidental pollution and considerably limited its scope of application. Not only that, the benefit and protection of the law were limited to a human life, body and health. So the required condition of a crime was stipulated to be a specific dangerous crime, so that a remedy had to be taken only afterwards. But today it si necessary to think of pullution not from a narrow viewpoint of global living environment and global natural environment and to think of conservation mesures. From such a viewpoint, after the 1992 "Earth Summit", the Basic Environment Law was enacted in 1993 which aims to be a more comprehensive and active environmental law, emphasizing prevention of destruction and pollution of future environment, rather than trying to find a remedy after damage has been given to the environment. Instead of the conventional control system in which the source of harmful substance was regarded as "evil" and dirct control of a particular source was emphasized, economic instruments which aim to actively protect the environment by applying the market theory to economic activities have now been attracting people's attention. They do not regard economic activities themselves as "evil" based on the recognition that only when human activities such as production and consumption exceed a certain level, they will adversely affect the environment. Here environment is given certain economic value because of its rarity value and regarded as the target to be paid appropriately when used. This change in our sense of value will certainly influence the substance and meaning of punitive provisions as sanction which, it is no exaggeration to say, exist in all environmental laws. I believe, it becomes to be most appropiate to utilize the pollution deterrent policies which have various economic incentives according to the theory of punishment. Therefore, it seems necessary to review the meaning of punishment in the environmental laws. This paper contains the following items : 1. Introduction 2. Problems in Environmental criminal Law 3. Use of Sanction not accompanied by Punishment 4. Conclusion

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This paper provides a new analyses of the establishment of the Ministry of Health and Welfare according to the history of the Japanese bureaucracy. Gnenral understandings find that military-oriented intention of the Army played a crucial role in establishing the Ministry. This paper, however, sheds a new light on its historical and political process by taking into account social welfare perspectives promoted by the then Prime Minister, Fumimaro Konoe and the Ministry of Interior.

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Major amendments were made to the Japanese Trademark Law in June 1996 and the law as amended has been enforced as from April, 1997. The revisions were enacted to have the trademark law correspond to recent international changes involving the trademark system, including (1) the adoption of the Trademark Law Treaty in 1994 and (2) the ever-rising needs for trademark protection as brought about by the continuously-advancing worldwide economic development. The revisions of the law include : (a) Adoption of a three-dimensional trademark registration system, (b) Clasification of collective mark system, (c) Abolition of substantive examination for renewal of a trademark right, (d) Introduction of a Multi-Class Application System, (e) Abolition of opposition prior to the grant of trademark right and adoption of opposition subsequent to the grant there of, (f) The use by the trademark owner, etc. of the registered trademark within three months prior to the request made for the non-judicial trial for cancellation shall not be treated as being the use, (g) When the non-judicial trial decision becomes final on the cancellation, the trademark right shall cease to exist retroactively to the date of registration made for the request for the non-judicial trial, (h) Adoption of a system for refusing and nullifying the trademark registration involving the use of other's well-known trademark made for an unfair purpose, (i) Abolition of the associated trademark system, (j) Adoption of the procedure for changing the goods and services designated under prior laws to read as those admitted under the International Classification.

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In Germany, there is a big church called "Landeskirche", which means a national church. This doesn't mean an establishment church. But it's true that a church like this has an official status and power to make people obey in the name of the state under the constitution. So it is important to make clear the status of a church like this. Both churches, "Evangelische Kirche (Protestant church)" and "Katholische Kirche (Catholic church)" have had great power and have had much influence with people until now in Germany. In fact, the Government party (in 1996) is a Christian party, CDU/CSU. Both churches collect "Kirchen steuer (church tax)" through the tax office of the state. Everybody must take a religious class (Christianity) both in elementary school, and in high school. State universities have divinity schools. The teaching staffs, who give classes of Christianity at these schools, are sent from both churches. These teachers can make lessons for the class on their own dogma. These churches have an official power indeed. But a church is neither an organization of a state, nor an organization controlled by a state. So how should we consider this situation ? §1-3 Grundgesetz (the constitution of Germany) declares that fundamental rights bind congress, court and administrative organizations certainly. But a church is not the object for the binding of fundamental rights in §1-3 GG. SO, when a church uses official power, we should think about whether the fundamental rights bind a church, or not. In the 70s', there were three streams of thinking about how fundamental rights to bind a church. Someone says that fundamental rights bind a church in amy case (for ex. H. Sacker), other say that the binding of church by fundamental rights occurs case by case (for ex. H. Weber, E. Wufka), and the others say that fundamental rights never bind a church ( for ex. W. Rufner, K. Hesse, A. v. Campenhausen). In the 90s', it seems that some changes have occured. For example, W. Rufner changed his theory at "Handbuch des Staatsrecht Bd. 5 (Hrsg. Isensee/Kirchhof)", and has gotten closer to H. Weber's. I was very surprised that he changed his theory, because he is famous as an auithority of "Staatskirchenrecht (the law as for the relationship between church and state, which is considered a part of the constitution)". Also I was surprised that his work was on the most famous and reliable handbook of the German constitution. Indeed, K. Hesse is a one of the most famous professors of the German constitution, and of church law. He belongs to the University of Freiburg. But on the other hand, H. Weber is only a chief editor of NJW. Important scholars like K. Hesse, A. v. Campenhausen, and W. Rufner had stood against H. Weber. I seem to hear the sound of the footsteps of something new, when I found W. Rufner's work in "Hanbuch des Staatsrecht Bd. 5". If we want to see the nature and the state of this problem, we should go back to the 70s' to examin it. I'd like to pick up and consider the statements of H. Weber, and of K. Hesse from their works. I plan to clarify the state of this problem in this paper.

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Constitution of Fiji 1990 is called the racist constitution. For there are many provisions against the equality of the people. For example ; 1. Among the 70 members of the House of Representatives, 37 members shall be elected from Fijians, 27 members from Indians, 1 from Rotumans, and 5 from neither Fijians, Indians, nor Rotumans. (section 41) 2. The Sanate shall consist of 34 members appointed by the Presisent on the advice of the Bose Levu Vakaturaga (Council of the Great Chiefs). Among the 34 members, 24 member shall be appointed from Fijians, 1 from Rotumans, and the others from neither Fijians nor Rotumans. (section 54) 3. This Constitution recognizes the Bose Levu Vakaturaga. (section 3) This is the Council of the traditional Great Chiefs. So almost all the members of 56 are Fijians. 4. The President shall be appointed by the Bose Levu Vakaturaga. (section 31) 5. The president, acting in his own deliverate judgement, shall appoint as Prime Minister the Fijian member of the House of Representatives who appears to him best able to command the support of the majority of the members of the house. (section 83) Needless to say, these provisions must not be admitted from the point of view that believes in the universality of the fundamental principles of the modern constitution established through the civil revolutions in the western countries. But are there no room of doubt about such a view? If there had not been the coup in 1987 and had not been enacted this 'racist constitution', the indigenous Fijian people might have been the helpless minority in their own country. Frankly speaking, we have to appreciate the positive side of this constitution. To provide the paramountcy of Fijian in the constitution, the inevitable tragedy of Fijian people was avoided. After the event of 1987, Indians continue to emigrate from Fiji and now indigenous Fijian regain the status of majority in the population. Now reviewing the constitution is going on. The report of the Constitution Review Commission was issued on September 1996. This report titled 'Towards United Future'. It recommends the more democratic constitution than that of 1990. I think it necessary to consider the actual economical, social and political situation made by the constitution of 1990. When we study a constitution, we usually read just the text and value the constitution. But such attitude must be changed. We have to take into account its economical, social, and political effect that the constitution brings. The Fiji constitution shows it clearly.

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