Das Symposium uber die Ethik des Politikers und des beamten fand am 28. Novermber 1998 an der Kokushikan Universitat unter der Leitung ihres Rektors Miura statt. Es wurde mit Rucksicht auf eine Reihe von Skandalen in den letzten Jahren durchgefuhrt, bei denen Beamten un Unternehmer beteiligt waren. Funf Berichterstatter haben jeweils uber die Ethik des Politiders, des Beamten sowie des Unternahmers referiert. Danach konnten Fragen zu den einzalnen Referenten bzw. zu Problempunkten gestellt werden. Etwa 50 Mitglieder der Japanischen Gesellschaft fur Rechtwissenschaft und Politik nahmen an der Veranstaltung teil. Das Symposium verlief glanzend.

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1. A draft resolution of the House of Representatives advising former Prime Minister Kakuei Tanaka to resign as a Member of the House 2. Expansion of areas subject to Members' disciplinary punishment 3. Enactment of the Principles of Political Ethics and the Standards of Conduct, and the establishment of the Deliberative Council on Political Ethics 4. Enactment of the Law concerning the disclosure of Diet Members' assets and others for the purpose of establishing political ethics 5. Revision of the Political Funds Control Law and the Public Offices Election Law, and enactment of the Law on subsidies to political parties

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More than 20 drafts on the law amendment on political ethics have been presented to the Japanese Diet until now. Yet they remain not discussed in the Diet. Parties are eager to express their concern on political ehics, however, some differences lie between the drafts by various parties: to what extent informaton about political activities is disclosed; whether a politician is punished when acting as a middleman or not; whether political contributions from companies and organizations are prohibited or not. Political ehics ofren becomes a subject of mass media and is concerned with people. Then what on earth is the "political ehics"? What do they expect of politics when people refer to it? According to some past opinion polls of the Asahi Shinbun and the Yomiuri Shinbun, people generally expect (1) politicians to be definitely "clean." (2) prime minister to be "resolute" rather than "clean" and (3) does not necessarily expect the government to think "political ethics" high priority. I think that the "political ethics" is (1) not to violate laws and criteria, (2) to protect morals and (3) to concentrate on their business as politicians. Besides, people are also responsible for the "political ehtics." There would be no democracy if they do neither join a party, make private political eontributons nor involve themselves voluntarily in politics.

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This paper aimes to give a general outline of the nature of the Parliamentary Ethics in Japan and measures to prevent politial corruption, as follws. Introduction 1 Standards of official conducts 2 House Ethics Committee 3 Coparison between the two House Ethics Committees in America and Japan 4 Suggestion of reforms Conclusion

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I Introduction II The Suprvisory Rights of the Comtetent Authorities III The Supervision by Nippon Ginko as the Central Bank IV The Regulation for Financial Institutions V The modified Application of Commercial Law VI Conclusion

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"Corruption" means public servants' committing irregularities by abusing their positions or authorities such as receiving a bribe. Such an act may corrupt the administrations, injure people's trust on the government and may bring about internal collapse of the democratic state. Therefore if public servants, who are entrusted with the administration of the country by people, distort the national administration by receiving money, such an act must be reprimanded severely as they have betrayed people's trust. And the law stipulates that such an act is the target for punishment as a specific crime. That is to say, the crimes such as bribery (Article 197-198), a misfeasance, forgery of documents, an usurpation and breach of trust are punishable by the criminal laws. However, although those crimes are punished by cruelest restrictions on human rights, the administrative vice minister as well as the professor of the national university had hand in a bribery case. Under those circumstances it is necessary to review the function and meaning of punishment. The public servants' ethics is regarded as the extension of morals as human geings in Japan, while, generally speaking, in other developed countries it is understood and provided individually as somethins special based on politicians' or public servants' status, as something that demands specific and practical duties. Therefore bribery tends to be punished by various special laws or by the parliament itself unlike Japan, where most of bribery cases are punished as a crime. So it is necessary to form public servants' ethics by not only actively applying punishment but also by improving and thoroughly applying expansive preventive measures such as education trainint, opening or personal assets to the public, internal and external administrative monitoring system and others. Also at this stage punishment must not be given as formal, administrative punishment. Instead, punishment must emphasize the formation of publi servants' ethics of not committing minor wrongdoings based on the belief that minor wrongdoings will lead to major wrongdoings. For that purpose it is necessary to clarify the specific line between illegal acts and legal acts by presenting public servants more specific norms of acts and obligate them to follow such norms, instead of merely depending on individual person's sense of morality. After making public servants understand the framework of their ethics by such a specific obligation, severe punishment must be given to a bribery case according to the criminal law based on the concept that a major crime cannot be tolerated, because in such a case the ethical order is violated by going beyond this framework. In this case attention must be paid to the iprovement of criminal laws and ordinances and the need of their more active application. That is to say, what is necessary is not only active intrepretation of the criminal laws and ordinances but also the establishment of punishment aganst bribery by the third paurty who acts as a mediator of prorit taking by taking advantage of one's positions, extension of a prosecution and prescription period, mandatory submission of testimonies and evidences according to the provision of an assumed proof and the establishment of the provision of crimial exemption, the public servants' obligation of waiver of their non-disclosure right in relation to their jobs. Taking into account the fat that most of the bribery cases start with a briber's side today, severer punishment must be given to a briber. Furthermore bribers are often corporatons, so the provision of punishing both a recipient and a briber and also provision of punishing a corporation must be considered. This paper contains the following items: 1. Introductoin (1) Provision of a bribery case (2) True nature and punishability of a bribery case 2. Form and

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The main topic of this paper is one of the fraquently debated problems in comparative resesarch methodology; is it possible to draw longitudinal inferences from cross-sectional comparisons? The author attempts to answer it with particular reference to S.M. Lipset's Economic Development Hypothesis on democratizatoin. The hypothesis that "wealth fosters democracy", which was put forth inthe late 1950s, has survived increasingly statistical tests drawing mainly on cross-sectional data. After reviewing the contour of this hypothesis, the manner in which it is characterized by the inference from cross-sectonal, synchronic to longitudinal, diachronic generalization is explaines. Then, it id demonstrated how the "developmental equivalence" assumption is explained. Then, it is demonstrated how the "developmental equivalence" assumption is at the basis of this inference, and why without the assumption it cannot be made. However, is the assumption cannot be easily accepted. For answering this question, historical informations and diachronic propositions are needed. And so, lastly, the author proposes the methodological tasks to be done in order not to fall into the "cross-sectional fallacy".

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What is the roll of government? In other words, What is the purpose of the use of governmental power? It is to resolve a prisoner's dilemma problem, in which each member of the group chooses to be a free rider in realizing their public goods, and thus public goods is not realized. Governmental power should be exercised in order to prevent free rider, to realize their public goods.

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At the 18th Oita prefectural assembly in 1896 (Meiji 29 year) November, Governer, Yasuhiko Hirayama, introduced the consultation about new Jinjo-Chugakko (branch school) founded. The assembly was confused about the foundaton place and number. This study will throw light on the background, sepecially political background of the issul about Jinjo-Chugakko foundaton. And this study will consider the relation between prefectural assembly and education in Meiji middle period.

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Ce petit article a pour objet l'idee de souverainete de Pierre Paul Royer-Collard, theoricien liberal francais (1763-1845). En traitant ce sujet, j'ai essaye de demontrer l'effort d'un liberal pour l'etablissement d'une theorie liberale de la souverainete en faveur des libertes modernes crees et consacrees par la Revolution francaise. Le discours de Royer-Collard sur la souverainete est fort influence par sa preoccupation de limiter ler pouvoir du gouvernement. Il repudie la notion de souverainete signifiant le pouvoir absolu et illimite de l'Etat, inauguree pare Hobbes et developpee par Rousseau. A son avis, elle ne sert que de pretexte aux gouvernants pour empieter sur les libertes des gouvernes. Donc la souverainete du peuple et celle du roi doit etre ecartees l'une et l'autre, parce qu'elles partagent l'idee absoutste de souverainete en se disputant la possession du pouvoir souverain. A cette idee doit etre substituee ≪la souverainete de la raison≫, principle qui peut regir ou limiter l'exercice du pouvoir gouvernemental. Ce faisant, Royer-Collard veut apporter une contribution theorique a la moderation du pouvoir politique au benefice des libertes civiles.

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It is commonly suggested in Japanese academia that the legistative, executive, and judicial powers of the U.S. government are completely separate, and each power is exclusively distributed to each branch of the government. This article is an examination and analysis of the way in which the American constitution has shaped American governments on the basis of the principle of "separation of powers" and "checks and balances." This article is also written on the basis of a hypothesis that it is impossible to separate powers under the system of government in which teh principle of the checks and balances has been adopted. The term, "separation of powers," is somewhat misleading. Although the constitution established institutional checks and separated powers, in reality, the United States is a government of shared powers. The constitutoin simply separates organs of government, but it fuses their functions ans powers. The constitution provided many ways in which the three branches would interact. Because of frequently voiced critiicsm of the blending of executive, legislative, and judiciary in the proposed constitution, Madison had to restate the traditional theories which had been advocated by John Locke and Baron de Montesquieu. Sharing of powers through the scheme of checks and balances was, Madison explained, a valuable additional restraint on goverment. The blendin of powers limits not only government, but also provides weapons by which each department could defend its position in the contsitutional system. The prisidental veto protects the president against legislative encroachments, and his power of appointments gives him influence against judicial assault. The courts have the power to pass on legislation, and the judges are protected by life tenure. The congress can impeach a president and members of the courts, and the congress controls the purse upon which both the other departments depend. The congress is involved in the executive process in its watchdog role and through its power to create federal executive agencies and to advise on and consent to the appointment of hign-level federal officials. The congress controls the appellate jurisdiction of the supreme court. Through the process of judicial review, the courts decide whether or not laws passed by the congress or actions taken by the president are constitutional. Although the courts do not legislate in the strict sense of the word, their decisions may be regarded from a realistic point of view as a form of law making. The president participates in teh judicial process throuch his power to nominate federal judges, including members of the supreme court. And the congress can pass laws to overrule supreme court decisons. In order areas as well, the lines among the three branches of government are biurred. Today, for example, the complex task of managing the economy has been delegated in part to independent regulatory commissions and agencies that do not fall neatly into the three categories - legislative, executive, and judicial - and, in fact, exhibit features of all three. In conclusion, although the three branches of the U.S. government are based on the principle of separation of powers, they share the three powers. The American government is not a system of government of separated powers, but of "separated institutions sharing powers."

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It is said that paralegal is the fastest growing occupations in today's America. By "the American Work Force: 1992-2005", the number of paralegal is expected to increase by 81 percent from 1992 to 2005. The professional status of paralegals has its roots in the 1960s. Since then, attorneys have begun to realize how the use of paralegals in the law firm can help them provide quality legal services at lower cost to client. Generally, paralegal, or legal assistant, can be defined as a person sufficiently trained in law and legal procedures to assist attorneys in the delivery of legal service to the public. Paralegal employers fall into three broad categoreis: law firms, corporations and other business organiations, and government agencies. Paralegals perform many of the tasks that have traditionally been handled by attorneys: for example, drafting legal documents, interviewing clients and witnesses, and conducting legal research. However, paralegal may not give legal advice, set legal fees, or represent a client in court. Paralegals perform the same functions as an attorney except those prohibited by unauthorized practice of law statutes. Basically, there are three categories of the paralegal profession as the following: traditional paralegal, who works with supervision by a lawyer: freelance paralegal, who works as an independent contractor with supervision by a lawyer: and independent paralegal, who practice independently, that is, are not under an attorney's supervision, and provides routine legal services direclty to consumers. Recognizing the need to make lega services more widely available to the public, paralegals have expanded their practice into many broad and diverse specialities.

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Recently, the importance of the concept on informed consent is being recognized in the field of medicine, many patients have become conscious of the fact that patients can determine whether he consents to medical treatment of not. However, coping with the situation, cases brought on against a doctor for his failure is increasing, stil more, there are patients seeking medical treatment which are unreasonable. The base on the patient's demand is the right of self-determination, and the scope of this right concern with medicine and extends to euthanasia, the self-destruction, and the fefusal of the blood transfusion. So, in this article, the problem of refusal of the blood transfusion is argued from the civil law point of view, concretely, forcing the blood transfussion by the trial proceeding and reparation for damages on blood transfusion contraty to patients will is investigated. Finally, this article concludes, assuming that the patient's ability to decide is normal, refusing the blood trasfusion in order to refuse an operation is not illegal, on the contrary, refusing the blood transfusion in order to have an operation is illegal.

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Die Zahl des Idealvereins ist jetzt in Japan 260000. Darin sind 180000 Religionsvereine eingeschlossen. Heutzutage ist die Steuerhinterziehung des Idealvereins in Japan ein Problem. Am 1. Dezember 1998 ist das NPO Gesetz in Kraft getreten. Das NPO Gesetz setzt es sich zum Ziel, der Gruppe, die eine Freiwilligtatigkeit tut, eine Rechtspersonlichkeit zu geben. Es scheint, dass dieser NPO Verein der Idealverein ist, aber er ist von Steuerrechts wegen keiner Idealverein. Denn in diesem NPO Gesetz kann man die Geldspende von der Steuer nicht abziehen. Dieser NPO Verein wird von der Verwaltungsbehorde streng beobachrten. Ich halte es fur nogig, dass die Verwaltungsbshorde die bestehenedn Idealverein mehr streng beobachten soll und die bestehenden Idealvereinaus sich selbst die Finanzlage veroffentlichen soll.

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This paper aims to make an investigation as to what was the main body that completed the Soldieers' and their Families' Relief Act in 1917. In 1995 Mr. Jun Gunshi made public a leading treatise on this issue, when there had been no researches in this field before. It seems, however, that his writing was wrong in two points. First, Mr. Gunshi made a fundamental misunderstanding about the Act. He argued thet the aim of the Act was diverted under the direction of the army so as to mainly relieve the familes of the soldiers in service, while it originally aimed to relieve the soldiers who were wounded and retired as well as the bereaved families. But in the writer's reconsideration of the Act no change of the aim was found. Second, his conclusion raised a doubt as to the army's leading role for the completion of the Act. The re-examination tells that in reality the House of Representatives was tha main body to lay down the Act and pass it. Then the government and the army were both negatibe in making the law in the early stage, but later they finally went into action at the repeated requests of the House of Representatives. In conclusion, it was the House of Representatives that made the greatest contribution of the completion of the Act in discussion.

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The purpose of this paper is to analyse the development of the Irish legal policy of social security. For this purpose, we first look at how the Irish social security system has formed. Secondly, we summarise the main trends in the Irish legal policy of social security from political independence to the 1990's. Thirdly, we discuss the forces behind the policy making, with special reference to the influences of the UK, the Catholic Church and political parties. In a broad sense, the Japanese word, "social security" contains three different concepts: income security, personal social services and health services. However, in this paper, we narrow our focus on the discussion of income security system. Therefore, we are not concerned here with personal social services and health services. This paper is a part of my comparative study on the law of social security and personal social services in Ireland, the UK, Australia and Japan.

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