The symposium was held on the base of their reports by four commentators from 13:00 p.m. Jun 8, 1997 at Hyogo University of Teacher Education. After their reports, each commentators answered some questions from several members at the floor. Their debaters expressed their several opinions. The symposium closed at 17:00 p.m. much successfully. We have expectation to the research on the school bullying in the branch of education and sociology and jurisprudence. I was the chairman.

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This report is to clarify the present situcaton of "Ijime (Bullying)" at the school in Japan. For this purpose, this paper will focus from the stand point of Human right of children. Recently, it is natural that the Convention on the Rights of the Child, which was adopted by the United Nations in 1989 and was ratificated by Japan in 1994, is the basement of the consideration on the captioned subject. The basic spirit of the Convention is the participant of children's human right. In order to materialize this spirit, each ratificated countries shall assure the right ot express those views freely in all matters affecting to the child. Furthermore, each country entered into the Convention shall assure the right of the child to take rest and to spare the time for leisure. The contracted countries shall undertake to submit to the Committee with regards to the rights of the children on the report of the measures they have adopted which may have an effect to the right recognized herein and further progress made by the enjoyment of those right. The report was presented by Japanese government in 1995 to the Committee, however, the content doesn't contain the "Ijime (Bullying)" happening in the many schools in Japan. It is essential to recognize that both bullier and bullied children shall have the equivalent right. Important is that the bullying in the infringement of children.

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1. Introduction (1) An overview of the recent problem of bullying (2) Proposals from the Ministry of Education's "Emergency Meeting for Measures Dealing with Bullying" 2. The Recognition of Bullying as a Crime (1) The principles of Juvenile Law (2) Countermeasures against bullying which constitutes crime (3) Bullying which constitutes crime (4) The trend of criminalizing general bullying behavior 3. The Problem of General Bullying in Japan (1) The indeterminate nature of bullying behavior (2) A definition of bullying (3) General countermeasures against bullying 4. The Functions and Limitations of Criminal Law to the Problem of Bullying 5. Bullying and Criminal Liability (1) The offender's liability (1) Bullying which constitutes crime (2) Bullying which causes suicide and constitutes crime (3) General bullying which leads to the victim's suicide (2) School and parental liability……the possibility of prosecution due to negligent supervision 6. Conclusin Solving the problem of bullying through the process of criminal law and recognizing the solution's inherent limits

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Pour pouvoir cerner la notion d'accident scolaire, il a ete necessaire de fixer le cadre a l'interieur duquel la surveillance des membres de l'enseignements s'exerce. Vouloir determiner avec precision l'obligation de surveillance des membres de l'enseigement public et prive conduit a l'envisager a la fois sous ses aspects quantitatif (par exemple, injure, diffamation, infractions volontaire, violence a enfants). La fragilite d' un eleve l'exposant a des dangers plus importants, il convient de lui eviter tout activite qui presente pour lui un risque particulier. Mais pour prevenir les accidents, il doit prevoit toutes les menaces suscepetibles de peser sur les eleves. En effet, l'obligation de surveillance incombant aux educateurs exige une viglance attentive et comporte certaines precautions prealables a defaut de quoi l'institueur imprudent on negligent est en faute.

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From 10:00 am on November 29, 1997 at Heiseikokusai University, the six members reported their research findings on the given topic, "Disclosure of Public Information." This was 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 Symporium. Nevertheless, thanks to the cooperative, understanding and tolerant members, the Symposium closed very successfully.

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1 Einfuhrung 2 Zu der Frage, ob die Behandlung vertraulicher Vorgangen durch korperschaften oder Anstalten des privaten Rechtes durch Verordnungen fur Offentlichkeit amtlicher Schreiben geregelt werden kann. 3 Zu der Frage, ob die Behorden Dritte uber vertrauliche Vorgange unter der Auflage informieren durfen, dass diese die Vertraulichkeit des ihnen Mitgeteilten zu wahren haben. 4 Zu der Frage, ob die Behorden die von ihnen erhobenen vertraulichen Daten uber dem Antragsteller durch die Verordnungen fur Offentlichkeit amtlicher Schreiben auch gegen Antragsteller selbst vor Offentlichkeit schutzen mussen. 5 Zu der Frage, ob die Behorden das in Japan zum Signieren von Schriftstucken benutzte personliche Siegel der Antragsteller und sonstigen Beteiligten sowie deren Kontonummern geheimhalten mussen, um sie vor Missbrauch zu shutzen.

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In Japan, there have been a number of arguments by the scholars majoring in the Japanese Constitution who recommend to enact a FOIA (Freedom of Informaton Act) on the grounds that "We, the Japanese people" in fact have people's right to know, guaranteed through the Constitution of Japan, Article XXI. On the other hand, there remain a few number of the constitutional scholars and some of administrative law who contend the definition of the right to know as a legal right is not necessarily clear and credible enough to be identifiable with as a judicially executable right on the constitutional law by the Supreme Court. In such circumstances, a subcommittee of the Administrative Reform Committee, in November 1996, proposed a draft of the FOIA which claims the right to seek disclosure of government information based on not the right to know, but on the ideal of popular sovereignty. This study is designed, first, to consider whether it is reasonable that the right to claim open government should be bases, as each of the different arguments has insisted that it should be, on the right to know or on the ideal of popular sovereignty. Second, this study attempts to interpret both the text of the U.S. Constitution and the Constitution of Japan in comparative style in order to analyze the constitutional dynamics over the FOIA from a standpoint of the governmental structure. Third, in concluding that neither of the contentions is reasonable, it attempts to suggest alternatively the "We, the Japanese people" should rather base the newly-established right in the FOIA on the principle of polular sovereignty in the constitutional law, so that "We, the Japanese people" could monitor the government activities more adequately than in another way.

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Nowadays, regardless of the nation or region, access to government information became mainstream of public administration. And it is being understood as an essential system for revitalization of democracy and for local autonomy, especially local residents' autonomy. Second Rcommendation Report what the Committee for the Promotion of Decentralization submitted to the Prime Minister in July 1997 advises, "Corresponding to increasint self-decision-making and self-responsibility as decentralization is promoted, it is important to ensur fairness of local administration, to strive for improvement of clearness, and to place local administration in observation of inhabitants". Local governments preceded the nation with enactment of the Free Access to Informaton Ordinances. Today, 47 prefectures (one of them are outline) and all ordinance-designated cities carry our the ordinance. But municipalities do not enact the ordinance very well. The Recommendation require them to enact the ordinance as early as they can. For the nation, the enactment of the Free Access to Information Law has finally gotten going, the law is going to be presented at the ordinary session of the Diet in 1998. On the other hadn, Administrative Procedures Law has enacted in the nation, but it is still an important problem what local governments must solve in the future. Only when both the Free Access to Information Ordinance and the Administrative Procedures Ordinance take power, open and fair local autonomy without corruption over the local administration is established.

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About 350 local governments have their public information ordinance. These ordinances, basically, parallel each other in their substance, but, in detail, they have their own chracteristic. And their own characteristic influences practical publication of information. Then this paper point out why and how these characteristics influence practical publication of information.

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The aim of this article is to evaluate the funtions of public access systems of the local governments in Japan by utilizing a framework of policy analysis. While the control funtions over bureaucracy have been emphasized in making local ordinances for public access, their funtions to increase communication between governments and citizens have been neglected or ignored. Some local governments successufully limib the functions of their ordinances to ensuring the procedure for public access (dwarfing mechanism). Other governments which are annoyed by many requests try ot moderate such situation by establishing an incovenient reference system for requesters, or by not managing important information in forms of public decuments (reacting mechanism). Such mechanism impedes the functions of public access system to increase the free flow of information in society. In order to prevent from dwarfing and reacting mechanism, we have to consider not only provisions of the ordinances in detail, but also their relation to other systems for ensuring transparency of the government.

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1. Introduction It is now important to take the stand on the disclosure of information in principle and to think about how to protect various interests such as the right of privacy because the disclose of information is indispensable in democracy. In particular, criminal procedures most strongly confront people's basic rights because they are the procedures to punish them, so the visibility of those procedures is naturally demanded on the principle of democracy. 2. Disclosure of a trial (1) TV broadcastint of a criminal trial In this information-oriented society, a television is a superior medium to broadcast a huge amount of information simultaneously and promptly. O. J. Simpson's trial clearly showed how TV enhanced people's awareness of the judial system. The disclosure puts a trial under people's supervision so that the appropriateness and fairness of a trial may be ensured. The demand for a disclosure means not only direct disclosure but also indirect disclosure through mass media. (2) Disclosure of settlement record of a criminal lawsuit To request the disclosure of a trial record can be positioned as the disclosure of the sovereignty of a nation. The disclosure of the record of a lawsuit concerning the findings of facts, the degree of a penalty and other record related to legal proceedings is strongly required and appropriate in order to guarantee fairness of a trial. However it is not going too far to say that in reality a trial record is never disclosed in Japan. Because the disclosure of a criminal trial is strongly requested as people's right to know, the record of a criminal lawsuit must widely be disclosed to the general public. (3) Disclosure of evidence (discovery) In our country impeachment at an investigation stage has greatly been revised and now each case is severely examined. Moreover most evidence to maintain a public trial is collected at this stage, so information is monopolized and procedures are used in an unfair manner. The disclosure of evidence possessed by a public prosecutor is required at a public trila to correct such unfairness and monopoly of information. Furthermore, as people are highly attentve to how human rights are handed at the investigating stage, the disclosure of evidence is indispensable to promote the visibility of investigating activities and secure appropriate investigating activitees. 3. Information disclosure and criminal sanctions (1) Criminal sanction against violation of information disclosure A penalty for a violaton of information disclosure must be imposed in a humble and reserved manner. Such a penalty must have a limited meaning of enforcing non-substitutional, intentional obligation and be understood as an indirect means to ensure that obligation should be discharged. (2) Protection of privacy and criminal penalty in the infromation-oriented society In this information-oriented society, the Criminal Law aims to balance the protection of personal information and the disclosure of information in its efforts to solve the problem of how to protect and what extent to protect information to be disclosed. 4. Information disclosure and problem of classified information - violation of doctor's obligation to keep medical information confidential. Medical information is a personal information on a parient. At the same time it is public data on medical treatment in general. Therefore, there is a problem of the disclosure of a patient's chart to a patient himself or herself. And the disclosure of medical information to patients themselves is a prerequisite for guaranteeing their self-determining right, so it is a problem of patients' right to know. 5 Megan's Law - limitation of information disclosure This Law means if a sexual criminal against children leaves prison at the expiration of his or her term or is paroled and tries to live in a local cummuniry, if the state government

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In this study I objectiveoy analyze the discusstion about positive constitutional rights to governmental protection and the government duty to protect liability in U.S.A.. And then from this analyze, I will get a clue to the question concerned with such a rights and government duty in the Japanese constitutional context. Part II of the study surveys the Supreme Court decisions relevant to the above subject. Accorging to Judge Posner's position in Jackson, the Constitution is a character of nagative guarantees-rights against government interference-and positive or affirmative rights are exceptional or nonexistent. Government may not intrude on private rights, but there is no claim against the government if it has simply failed to act. The Due Process Cluase, sought to protect Americans from oppression by state government, not to secure them basic governmental service. Part III lays out the major academic responses to Suprem Court decision. Except with the viewa of Currie and Posner. The scholarly respons is that is unequivocally negative against the decisions. Strauss's view is a case in point. And his position represents "noninterpretivism" which accepts that constitutional principles and norms can be found outside of the constitutional document. Against this Currie first discusses the German decisions relevant to "Grundrechtliche Schutzpflicht des Staates" and then takes a closer look at American decisions. On the above ground Posner eplicitly rejects that Suprem Court should recognize positive constitutional rights government assistance. As "interpretivist" he is in a class by hiself in view of the fact that he applies the legal theory of "Law and Economics" to this question. In conclusion I suggest that Posner's view rises in the scale of usefulness for interpretation of Japanese Constitutional law.

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Der Beitrag legt dar. dass die Verfassungsdiskussion aus Anlass der deutschen Wiedervereinigung grundlegend vom Widerstreit zweier gegensatzlichen Verfassungsverstandnissen beharrscht wird. Erhad Denninger spricht von der "postmodernen" Verfassung der Ideale von Sicherheit. Vielfalt und Solidaritat und ruckt die Verfassungsfunktion als einem appellativen Aktionspragramm in den Vordergrund. Deises von Denninger vorlegten Verfassunsverstandnis wird im Vergleicn mit dem Verfassungsverstandnis des Grundgesetzes als einem auf Vollziehbarkeit angelegten Rechtsgesetz beleuchtet.

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The Hyogo prefectural assembly was held on the fifteenth of May in the twelfth year of Meiji (1879). As far as the author knows, it has never been studied in detail how the assemblymen were elected. Besides, it has never been made known how the budget was discussed by the assembly. This article treats two points. First, the legal grounds of the election of the assemblymen will be dealt with in terms of the assembly rules. The number of the assemblymen and the actual state of vote in the first Hyogo prefectural assembly will also be discussed demonstratively, and the true state of the election will be made clear. Secondly, the author will analyze from the data the state of the first prefectural assembly and argue on the salary of guncho (the head of a county). All this will throw light on the nature of the early prefectural assembly.

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1. Preface Rural Land Reform was one of the big reform in Post-War Japan. That was planed and carried out in the abnormal state (occupation by the GHQ), therefore, in the planning, there were many hard negotiations between Japanese Government and GHQ. 2. Principal Problems (1) Limit of tenant-cultivated land which a landlord may retain. Japanese Government considered 3-5 cho in the first Land Reform Law (1945) and GHQ-NRS thinked, perhaps, 3 cho befora the Allied Council for Japan proposed 1 cho plan. After this proposal of Council, GHQ/SCAP made a sudden change and adopted 1 cho plan which offered by British Commonweath in this Council. Japanwer Government accepted this plan as defact directive of GHQ. (2) Purchase Price of Tenant Land. It was necessary for Japanese Government to hold down the Purchase Price, in order ot aid the tenant farmers. Then, Government fixed the Price, as paddy land is 40 times rental valus (in 1940), upland field 48 times. This price was fixed from the first Land Reform Law (1940) to the second Land Reform Law. Then tenant farmers could purchase for cheap price. (3) Limit of farmland which a farmer may own. The size of the total amount of farmland which an individual land owner mey own were limited to 3 cho (Hokkaido 12 cho) of cultivated land. This plan was offered by Britixh Commonwealth and adopted by GHQ. Japanese Government opposed this limitation because this shall be the barrier to future progress in agriculture of Japan. Finally, this Problems leaved to administrative organ's discretion. 3. The causes of success in short period (Japanese Government side) (1) The protective policy of tenant farmers from pre-War times. (2) Many excellent Government officials existed. They faced this hard problem with eagerness. (3) The established administrative organization and tidy agricultural public books. 4. The causes - Japan could keep the excellent results of Land Reform (1) The establishment of Agricultural Land Law. (2) The backing of pubic opinion. (3) The high degree growth of Japanese economy and revolutional change of industrial structure. As the result, large number of farming population transfered from farmarea to cities (commerce and industry). I think, this third point was most effective.

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The purpose of this paper is introduce of the Tokutarou Kitamura's library. Tokutarou Kitamura was the Minister of Transport in the Katayama Cabinet and the Minister of Finance in the Ashida Cabinet. He had been the leader of the policy for 8 years: the period of between Nihon-Shinpo party (16 OCT 1945 - 30 MAR 1947) and Kaishin party (8 FEB 1952 - 23 NOV 1954). These parties were the New Party after World War II. To study his library is the consideration of the footprints of him in the political world and these parties which has vanished. This study is not only the experiment which we clear one politician's process of making a policy plan by analyzing his library, but also experiment which we understand the process of the forming his thought.

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New Japanese election system was a parallet system of single-member representation in the bloc. In theory, democracy rest on several principles. It assumes that citizens are interested in political affairs, discuss their government, and are motivated to participate in politics. It assumes that the citizens are well informed about government and decide how to voters have some meaningful choice between competing candidate. Perhaps, the most basic of all aspects of democracy is the very act of voting, without voting, democracy would not exit. But, some people don't vote or are actual prevented from voting. Why? Especially in Saitama prefecture, election turnout is the lowest in Japan. On the basis of aggregate data collected in 1996, election turnout is explained by the relations between political participation and voting costs. This paper focuses on the results and implications of elections, especially on its record-low turnout, in Saitama. The relationship betseen results and survey-level findings is also discussed.

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1. Introduction 2. The Role of Cabinet Council 3. The Premier and the Cabinet 4. Reinforcement of Premier's Power 5. Conclusion The reformation of administraton had become the most important issue since the 1996 general election. This issue could be roughly classiry into two large subjects. One is the administrative reorganization, and the other is the reinforcement of the power of the Premier. In this paper, the author describes the latter subject by focusing on the function of the cabinet council. According to the Constitution, the Premier is the head and the cheif of the cabinet. The status of the Premier is much more higher than the "primus inter pares". Thougn by the decision-making process, such as unanimitism of the cabinet council, the power of the Premier has been extremely weakend. It is said that unanimitism is necessary to maintain the unity of administration. But to react promtly to crisis, and to clarify the responsibility of the government, the feinforcement of the Primier's power, namely, the improvement of the Premier's leadership became an urgent subject, especially after the great earthquake disaster in 1995. Though there are many ways to reinforce the Premier's power, it would be a grat advance only by improving the management of the cabinet council. For example, just by abolishing the unanimity rule, it would bring a drastic change, and the power of the Premier would be strengthen naturally.

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The history of the modern Japanese bureaucracy is said to date back to the establishment of the cabinet system in 1885. Certainly this is the event that marks the beginning of the ministerial bureaucracies, but in actuality a traditional system of government known as the Daijokan had been functioning all along. It continued to function as the adminisstrative organization in the government, even after the Meiji Restoration. As the bureaucratic state evolved, administrative powers expanded farther, but comparatively little progress was made in exerting control within government organization. Many conditions, for example, the system of individual leadreship authority and the establishment of the Burear of State Secrets, combined against further unification of government administration. As Japan moved to wartime, the government tried to overcome sectionalism by establishing an inner cabinet and a National Policy Coordination Agency. Every time administrative reform is discussed, the damages from overly compartmentalied government are dutifully pointed out and the need for a general oordination mechanism advocated, but overcoming sectionalism remains one of the largest tasks that we face. So I treated this problem as the main aspect of Japanese public administration, and picked up several cases of administrative reform in prewer Japan with Daijokan system and National Policy Coordination Agency.

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In the laws of our country, the Cabinet holds the two positions, namely the supreme administrative organ and the assistant organ to the Tenno. The Cabinet as the supreme administrative organ, in addition to the general administrative functions in Art 73 of the Constituion, performs the authorized functions in the Cabinet Law and the Law of National Administratie Organizaton. On the other hand, the Cabinet as the assistant organ gives advice and approval on all acts of the Tenno in matters of state, and is responsible for it. Now, the main probleme is that "the public acts" of the Tenno, in addition to the his constitutional functions, haave been done widely with the assistance of the Cabinet. For example, the attendance at the opening ceremony of the Diet and the giving a opeing address, the reception to other Heads of State, the undertaking state visits abroad, the royal tour of the various countries, the giving a garden party, the attendance at the national meetings like as the National Athletic Meet, the reception to going to offer people's congratulations at the Imperial Palace at the New Year of on Tenno's Birthday, and so on. Seeing the administrative instances of the symbolic Tenno system in postwar Japan, the assistant system of the Cabinet to the Tenno's public acts is recognized officially in accordance with the Kunaicho Law and the Kunaicho Order of the Administrative Agency based on the Law of National Administrative Organization. In this paper, I examine what the administrative characteristics of the assistant system of the Cabinet are, by studying the structures especially of the Law of National Administrative Organizaion, the Kunaicho Law, and the Kunaicho Order of Administrative Agency.

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1. Introduction 2. An Overview of Fire Defense Administration in Japan 3. Comparative Analysis of Fire Defense Preparation between Densely Populated Areas and Non-Densely Populated Areas 4. Conclusion This study intends to make comparative study on the present fire defense ability of the Japanese local governments in the densely populated areas and in the non-densely populated areas. It has been proved, as a conclusion, present level of preparation of fire defense engines in the densely populated areas is lower than the preparation level of fire engines in the non-densely populated areas.

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Since Course of Study for High School was newly improved in 1994, the subject, Social Studies have been divided in two; "Geography & History" and "Civics." As for the latter, students have to choose at least four classes from "Contemporary Society", "Ethics" and "Politics and Economy" and take them. I tried to wxplain how much enough "field of law" was given to learners in the course, and then comme at the truth of the way "commeicial law" is supplied in commerce course and "legal problems" which are set students in Univeristy Entrance Examination, especially National Center for University Entrance Examination. By studying them, I tried to solve the facts of legal education in high school. For today the ratio of students who advance to higher learning is getting higher, so I am afraid that it could lead to an increase in professional school for passing a qualifying examination.

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The passing of the law concerning the transplanting of internal organs permits such transplants provided that brain death has occured. It is likely that most internal organs would be removed from the bodies of those killed in tranffic accidents. In such cases there would be an urgent need to perform an operation to keep organts fresh and vital and to transplant them to their recipients as soon as possible. An autosy, however, would cause marked deterioration leading to some serious problems turning on whether the needs of the autopsy should take precedence over the removal of organs from bodies. It might be the causes of death would not be firmly established. Therefore I have discussed these issued of the advance procedures for performing organ transplants, pointing out a few problems arising from the system of autopsy followed in Japan in comparison with the situation in the United States.

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Introducton 1. The employment promotion act of the disabled person 1960 2. The amendment of this act 1976 3. The amendment of this act 1980 4. The amendment of this act 1985 5. The employment promotion act of the disabled person 1987 Conclusion

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