(1) Trends in Compliance and Corporate Govemance Rep. Mr. Akira Tabata(Lawyer) The high incidence of scandals and corporate collapse in Japan has led to the implementation of a strategy of corporate compliance. Organizational and procedural issues for corporate lawyers, the handling of foreign capital, increasing awareness pertaining to stocks and the rationalization of business are examined under the ordinance of "Corporate Govemance" by a variety of executive bodies. Beginning with companies such as Sony, real inroads are being made. Actual problems confronted by in-house company lawyers are examined along with current developments in the OECD concerning Corporate Governance. (2) Deregulation and a new Government Image Rep. Prof. Hideki Noboru(Meijo Univ.) Beginning with Thatcher and Reagan and having an impact even on the Nakasone Cabinet, deregulation and privatization are today the global standard. The balance of the public and private sectors are examined along with points pertaining to an historical overview of the meaning of rationalizing government and the success of welfare. (3) Globalizafion and Policy Formation of Government and Administration Rep. Prof. Hideaki Kuwahara(Tokiwa Univ.)Globalization has meant that for cases such as the non-payment of fees by foreigners in emergency medical treatment, the historical administrative model of dealing with problems, is insufficient in the current circumstances. A "top-down" pyramid shaped system of administration, a lack of accountability and an administrative response that fails to recognize individuality and uniqueness are proving to be inadequate for the plethora of today's requests. Discussion centered around the creation of a more applicable administrative system which can deal with ruew problems with speed and efficiency. (4) Bankruptcy in Local Government and its Aftermath-the case of Irvine City, California Rep. Mr. Toraaki Nakamura(Keio Univ.) In 1994, failures in futures trading led to the loss of $1.5 billion by the Finance Department of Orange County, California. This sum bankrupted the local government and remains one of the largest losses of its kind on record. Attracting world attention and also reported by the Japanese media at the time, the case, to this day, fails to be adequately explained and resolved. The Irvine case proves ideal in expounding the shortcomings of the financial systems of local American government. (5) Globalization of the Organized Crime Rep. Prof. Yoshihiro Yamauchi(Keiai Univ.) In recent years, in concurrence with the rapid development of modern technologies, a new type of insidious and yet bodacious crime has also become prevalent. Crime ranging from credit card fraud and computer related crime to the buying and selling of drugs and firearms, has been taldng on an increasingly international stature.A number of points were discussed from a criminal law perspective and shown was Japan's recognization that combative measures are needed at an international level and that international cooperation is necessary. At any rate, there are many problems to investigatein the Bill of Countermeasure against Organized Crime. Following the various speeches detailed above, question time was actively pursued for a further one hour and a half. Despite a need for more time, and the zeal with which questions were asked, the chairman was able to sum up and provide an informative summary of day's proceedings.

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Aim of this manuscripte Being triggered by undesirable incidences and corporate collapses due to inadequate supervisory systems, some corporations in our country, such as Sony, have started to establish compliance systems, including the preparation by their in-house counsels of the manuals and/or the procedures to be observed within the corporations. Concurrently, the enhancement of shareholders' consciousness and the improvement of the efficiency of the management, resulting from entry into Japanese markets of foreign corporations, have made these corporations, as the corporate govenance, put into practice innovations of their boards of directors systems and/or introductions of executive administrator systems,management meetings and professional advisory commitees for board meetings etc. This manuscript is to review the concrete institutionalization of corporations by referring to the specific problems within the corporations that have introduced in-house counsels and the activities on the corporate governance guideline in OECD.

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Introduction I From Cheap Government to Big Government II Privatazation, Deregulation and Devolution III Gap of income and New Image of Government Conclusion

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In recent years, there has been a rapid increase in the number of foreign residents in Japan. However, the support system of the Japanese National Government was not sufficient, and some problems such as insufficient health insurance system and emergency medical care have emerged. In this situation, Japanese Local Governments have struggled in order to make a more effective problem-solving. This analysis suggests that thsrs is a need for making a tatal Medical Care system including Japanese and foreign residents.

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Today, the financial market, which derivatives markets, is extending all over the World.In this paper, I took up the Orange County bankruptchy and Irvine's correspondence because I would like to make a study on the effect of the Financial Globalization for local governments in U.S., especially the risk martagement in them. The Orange County became the largest municipality in U.S. history to became bankrupt in December 1994. OCIP (Orange County Investment Pool) lost $1.7 billion of its $7.4 billion investment portfolio. Although the cities and other local governments was assured the safety of the OCIP because the state goverment code says that the city funds inevested in the OCIP are held in trust, in which they believe that the city's principal was never at risk, they have yet to feel any pain from the bankruptcy. Contents 1 Introduction 2 About the Orange County Bankruptcy (1) The details with the Bankruptcy (2) The indirect causes of the Bankruptcy 3 The relationship between sub-local governments and the Orange County after the Bankruptcy (1) The correspondence on City of Irvine (2) The Orange County after the Bankruptcy 4 Risk Management and Responsibility in Local Government 5 Conclusion I would like to thank the staff in City of Irvine and Orange County because I was able to write this paper.

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1. Introduction-Law maiking background and Law maiking process of bill In situation of crime maiking international, complicated, atrocious, Japan is pointed out that japanese legal correspond to organized crime is indulgent, therefor, Japan is a loophole in the crime by worldscountories. Also, in the countory, crimes of medicines and small arms that storng-arm gang is involved in and economic crimes as a vice business are happend frequently. As these are main reasons, the Minister of Justice subumitted the law-council for delibaration lawsreexamination of criminal punishment to organized crime in 10 1996. To the inquiry, was submitted criminal laws-adjustment outline-gist drafts and basedon it, the bill of organized crime countermesure was proposed and was considerd in the National Diet. 2. Inquiry contents of the Minister of Justice to the laws-council for deliberation Inquiry contents are ; (1) To certain crime to weight crime and make preliminary crime, (2) On the case that dominate corporation by money getting through certain crime and conceal or get money getting through certain crime, it is punish, (3) To extent limits of confiscation and additional collection, and as it, to make legal adjustment, (4) On searching certain crime, to able to pick up electric communication on crime execution with judgeswarrant, (5) Without retaliation to a withness, to take measures safety of a witness, (6) To require necessary procedure to extent of confiscations limits. On the base of this inquiry contents criminal law-adjustment outline gist drafls is submitted. 3. Inquiry of organized crimes countermesure bill The organized crimes countermesure bill consists of (i) the bill to punish organized crime and (ii) the bill to able to pick up electric communication and (iii) the revisory bill of the criminal procedure code. These bills have various problems. As concerns (i), (1) the relation of the existing group crime and organized crime and (2) the code to prevent from destructive action or the law to punish an act of violence and (3) the relation of the principal offense and accessory in complicity must be inquired. Asconcerns (ii), the relation of the secrecy of communication of 2-21th constitution and interception to search and the relation of warrant sprinciples of 35th constitution and specified difficulty of interceptions object must be inquired. In my opinion, I think, this bill will be admitted on the constitution by reason that personal right is restricted by public welfare and the bill is able to avoid clear and present danger. As concerns (iii), Protection of witness to avoid retaliation must be inquired. 4. Conclusion This bill was approved on the House of Resentations. And now, it is considerd on the House of Councilors. From now on, I will pay attention to move on the National Diet. Yet,this manuscript is the contents that published on 90th meeting for reading research papers of the japan associaition of legal and political sciences.

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The upheaval with which contemporary family relations are confronted today are more severe than ever. Accordingly, we (The Japan Association of Legal and Political Sciences ) planned this mini-symposium.It was held on the basis of the following four reports given at Kansai University of Foreign Language from 9:30 a.m. on June 13, 1999. i. Miyuki Hotta 「Marriage Between The Same Sex-Legal Consent Of The Homosexuals Right To Marriage-」 ii.Katsuya Anpo 「The Constitution And Family Laws-The Assertion Of Married Couples Having Different Family Names-」 iii.Yasunao Kondou 「Surrogacy And Law Systems In the U.S.A」 iv.Yoshiko Katou 「Non-Profit Organization law And Long-Term Care Insurance Law-How should we make good use of Non-Profit Organization Law for better realization of Long-Term Care Insurance LAW?- 」 After their reports, each reporter responded to some questions and opinions from several members of the floor. Their debate will be most useful for our researches into family relations in the near future. This mini-symposium concluded at 12:10p.m.

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Recently, the concern over human rights has gradually spread from the part of individual nations to the whole international community. At the same time in a large part of western countries, i.e. the northen part of Europe and USA, the view of society for homosexuality has become much more tolerant than before. As the result of these facts, the Registered Partnership Act constituted for the first time in Denmark in 1989. Next to it Norway(93), Sweden(94) and Iceland(96)followed introducing similar acts. These laws approved substantial marriage between the same sex and regulated the same legal effects as general marriage with some exceptions. The exceptions are concerned about getting parenthood. One of them is concerned about adoption and guardianship, the other is artificial insemination. The present thesis handles at first the right to marry and found a family from the public international law, i.e. the Universal Declaration, UN Covenant on Civil and Political Rights, etc. And it takes up the legal position of homosexual persons as to marriage and even more of transsexual persons. According to norms of public international law, the right to marry is not absolute and marriage between the same sex is not recognized. The right to marry and found a family,however, is essential to the pursuit of the individual happiness, therefore their rights should be approved at least in the different form as general marriage as far as it doesn't act against the public interests. And in addition, the attitude of clergy and general people for the homosexuals is mentioned around Sweeden and Denmark.

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In this thesis,I will examine the "misunderstandings" and "deceptions" which are the basis upon which people basically agree to married couples having different family names. In particular, I will focus on how to read and understand the data contained in a public opinion poll on family laws conducted by the Office of the Prime Minister, while pointing out the same misinterpretations that are contained in the White Paper on Health and Welfare. In addition, I will introduce court cases that have actually taken place between married couples because they had different family names.

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Late years, reproduct medical care technology made progress. The man and wife that a child was hard to be completed came to have a child. It is that they are given a child through surrogate mother birth. There is a continent recognizing surrogate mother birth like Arkansas in America. In Arkansas, the child born as the result of artificial insemination pursuant to a surrogacy contract is deemed to be the child of the biological father and his wife if he is married. If the biological father is not married, the child is deemed to be his child only. The child's birth certificate recognizes the parents as those contemplated in the surrogacy contract. The marital status of the surrogate in either situation is irrelevant. The surrogacy contract controls the outcome of any disputes that might arise. The Arkansas law has two major advantages not found elsewhere. First, as noted above, the marital status of the surrogate is irrelevant, meaning that there is never a presumption that a married surrogate's husband is the legal father of a child born pursuant to the surrogacy contract. The statutes in other states that create that presumption were enacted for the benefit of married couples seeking to conceive with donor semen when the husband was infertile. The protection of people seeking to use a surrogate mother was never contemplated when those artificial insemination statutes were enacted. Further, the Arkansas law the surrogacy concept in that a subsequent step-parent adoption is not necessary to get the intended mother's name listed on the child's birth certificate instead of the surrogate's name. The birth certificate lists the parents as those intended in the surrogacy contract.

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On March 19, 1998, the Non-Profit Organization Law was given final approval by the Diet. The purpose of this law is to confer legal certification upon individuals in voluntary groups and civil bodies. Under this law, voluntary groups and civil bodies will be able to gain recognition for their efforts in society, enabling them to reinforce their capabilities and make changes in society. On December 9, 1997, shortly before the establishment of the Non-Profit Organizatio law, the Long-term Care Insurance Lsw was passed. This law aims to have the entire society bear the responsibility of care for senior citizens and its related expenses. Through this law, methods of providing welfare to the elderly will change dramatically. It is not coincidental that these two laws were passed simultaneously-both laws were established of necessity. Although a variety of problems have been pointed out in the Long-term Care Insurance Law, Non-Profit Organization that have acquired legal certification under the Non-Profit Organization Law can become appointed home care service providers under the Long-Term Care Insurance Law and provide high-quality services to senior citizens. This will contribute to the improvement of the welfare of senior citizens, handicapped people, and children as well as of entire regions.

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Niklas Luhmann's theories of 'reduction of complexity' and 'autopoietic system' have been prosperous recently, and it is sometimes said that Luhmann's system theory exceeds Jurgen Habermas's communication-discourse theory. But isn't there any room for counterreplying Luhmann's theory? Can we make use of Pierre Bourdieu's (and Anthony Gidden's) perspectives? I tried seeking such possibilities. The key point is 'the perspective difference between the observer and the actor concerned.' (It can probably be said that so-called 'positivism' in particular depends on the observer's privilege.) It will be necessary for us to take the matter of the perspective of the actor concerned especially in the case of legal system. I regard 'Verrechtlichung' as one of the concrete situations concerning the problematique 'System and Discourse.' It is reexamined a little at the foot of the paper.

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There are many factors to influence how a diet member would make a decision about a bill at the Diet. However, it is very difficult to understand how a diet member's atributes affect his opinion. Diet members themselves seem to be influenced by their attributes unconsciously when making a decision. In this study, I am going to study about Diet members' personal history, which is one of factors influencing Diet members' opinions on political topics. Many conventional studies were on influences by political party, denomination, or hometown. In another word, not the Diet member's himself but a relation to his surroundings has been the topic of study. On the contrary, studies about relation between a Diet member and his personal history have not been published. I am going to study how a Diet member's academic background and career influence his decision on policy. I also would like to clarify influences to political attitude analytically, including the variable of political party affiliation.

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Long ago, the coastal areas of Osaka Bay well deserved their reputation as having "beaches with white sands and green pine trees." A wide range of the coastline had a breath-taking beauty and was with full of thick pine trees shadowing the sea and providing fish with food and shelter. A large variety of fish were found there. Afler the Meiji Area, the Bay became a favorite swimming/leisure spot because of its beautiful natural sand-beaches. Today, however, that has changed. The coastal area has been used mostly for industrial purposes. Reclamation has been made and factories have been built on the beaches. The result is environmental destruction. It is especially serious in the enclosed Seto Inland Sea which includes Osaka Bay. To protect these areas and their natural environments, the first legislation was passed in 1973 to conserve the Seto Inland Sea. "The law Concerning Special Measures for Conservation of the Seto Inland Sea" (Seto Inland sea Act 1973) declares that the sea with such a worldwide incomparable beauty and such valuable abundant natural resources should be enjoyed equally by all in the nation and passed on to posterity. Facing with the environmental destruction of the Seto Inland Sea in spite of the Act, we need the more effective legislation to conserve the sea, so we must now consider the amendment of the Seto Inland Sea Act 1973.

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Since the police department of the Home Ministry was established in 1874, the police administration became the main part of the ministry's work. In the social confusion ensuing from Meiji Restoration, the police coped with the rebellions, epidemics, and the rise of Freedom and People's Rights Movement. And it came to form the centralized system, gradually. Especially, it was really important for the police to control the counterfeit money, because it threatened the social order, and injured the prestige of the government. In the 1880S, the Home Ministry built up a closer connection with the prefectural police to maintain the public order,including the control over the countrefeit money.

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It has been said that the constitution of Soviet Union is merely an ideal. However, there were intentions of Soviet authority behind articles of the Constitution. The Constitution of Russian Soviet Federated Socialist Republic which was formed in 1918 after Russian Revolution contained equality of nations and rights of national selfdeterminations which Lenin insisted. That was to gain a centripetal force for construction of the first socialist state in the world. This Constitution became a foundation of following Soviet Constitutions. In 1922 Soviet Union was born and in 1924 so-called Lenin's Constitution was adopted. A right of every republic of the Soviet Union to separate from the Union was specified on the Constitution. However, the rights was noting but pie in the sky, that is, an unusable right indeed. Stalin was going to detach the realities of politics from the contents of the Constitution. After Lenin's death, Stalin hardened own base of power by means of tremendous purges and amended the Constitution in 1936. On the Constitution the rule-sysytem of the Soviet government untouchable to the republic governments was provided. After World War II the Constitution was amended in the Brezhnev era. In this era Soviet society was stagnant and Soviet elites "Nomenklatura" was going to defend own bases of political powers. Backed up by the stable base, Nomenklatura wrote about the rule of Soviet Communist Party on the Constitution. Thus a triple rule of Soviet Union, which was Soviet government-republic government, federal ministries-republic ministries, and the communist party, was established. Soviet Union which was equally united soviet republics kept its integration during Soviet government's keeping a centripetal force. But as soon as the centripetal force was going to be week, centrifugal forces of republics were going to be strong. That became one of the elements for disintegration of Soviet Union.

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1 Fragestellung Die Frage, ob die Kollektivbeleidigung im allgemeinen und die sog. hate speech im besonderen zu verbieten ist, hat nicht nur auf volkerrechtlicher Ebene, sondern auch in der Staatsrechtswissenschaft Japans und anderer Staaten eine aktuelle Bedeutung. In diesem Beitrag ist darzulegen, dass die Bestrafung der Beleidigung von Kollektiven nur um des Schutzes der personlichen Ehre einzelner Gruppenangehoriger willen zu1assig ist und dass eine daruber hinausgehende Beschrankung der Meinungsfreiheit vetmieden werden soll. 2 Schutzbereich der Meinungsfreiheit Zuerst ist die Frage zu klaren, ob eine scharfe Kritik oder sogar eine beleidigende Ausserung unter den Schutzbereich der Meinungsfreiheit fallt. Nach der standigen Rechtsprechung des BVerfG besteht der Grundrechtsschutz unabhangig davon, ob die Ausserung rational oder emotional, begrundet oder grundlos ist und ob sie von anderen fur nutzlich oder schadlich, wertvoll oder wertlos gehalten wird. Im Auschwitzluge-Beschluss vom 13. 4. 1994 (BVerfGE 90, 241) hat das BVerfG die Verfassungsmassigkeit der behordlichen Auflage zwar zuerst wie folgt begrundet: Die in Frage stehende Ausserung soll aus dem Schutzbereich des Grundrechts nach Art. 5 Abs. 1 ausgeschlossen werden, well sie eine erwiesen falsche Tatsachenbehauptung darstellt. Das Gericht hat aberdaneben den zweiten Weg gezeigt, der davon ausgeht, dass auch die Auschwitzluge unter den grundrechtlichen Schutzbereich fallen kann, soweit sie als Meinungsausserung zur Erpressbarkeit deutscher Politik verstanden werden kann. Dogmatisch glatter und verallgemeinerungsfahiger ist der zweite Weg. Der erstere, der Ausschluss bestimmter Aussagen vom Schutzbereich der Meinungsfreiheit, kann zwar fur die Auschwitzluge zutreffen. Es fallt aber schwer, einen zweiten Anwendungsfall auch nur theoretisch zu finden. 3 Personliche Betroffenheit als Ausgangspunkt Die zweite Frage lautet: Was ist eigentlich das Rechtsgut, das durch das Verbot der Kollektivbeleidigung geschutzt werden soll? Die Ehre des Kollektivs als solches oder die des einzelnen Mitglieds? Nach dem "Soldaten sind Morder"-Beschluss vom 10. 10. 1995(BVerfGE 93, 266) soll es die "personliche" Ehre der einzelnen Gruppenangehorigen sein. Die personliche Betroffenheit ist nach dem BVerfG dann anzunehmen, wenn es sich um eine abgrenzbare und iiberschaubare Gruppe handelt und die herabsetzende Ausserung an ein Merkmal anknupft, das bei allen Angehorigen des Kollektivs vorliegt, und wenn die angenommene Gruppe nicht uniiberschaubar gross ist(wie: alle Katholiken oder alle Protestanten, alle Gewerkschaftsmitglieder, alle Frauen). 4 Giiterabwlgung Drittens ist die Frage zu klaren, wie die beiden kollidierenden Grundrechtsguter abgewogen werden sollen. Das BVerfG entwickelte schon im Luth-Urteil vom 15. 1. 1958(BVerfGE 7, 198) die sog. "Wechselwirkungslehre". Sie verlangt, dass die Grundrechtsschranke in ihrer das Grundrecht beschrankenden Wirkung ihrerseits im Lichte der Bedeutung dieses Grundrechts gesehen und so interpretiert werden muss, dass der besondere Wertgehalt des eingeschrankten Rechts auf jeden Fall gewahrl bleibt. Als deren Konkretisierung gelten nach der Rechtsprechung die "Vermutungsformel" und die "Vorrangformel". Die erstere lautet: wenn es sich bei der umstrittenen Ausserung um einem Beitrag zuv offentlichen Meinungsbildung oder zu einer die Offentlichkeit wesentlich beruhrenden Frage handelt,so spricht eine Vermutung zugunsten der Freiheit der Rede. Die letztere gilt dagegen fur die herabsetzenden Ausserungen, die entweder die Menschenwurde eines anderen antasten oder sich als Formalbeleidigung oder Schmahung darstellen. In diesem Fall soll die Meinungsfreiheit regelmassig hinter den Ehrenschutz zurucktreten. Im Falle der Kollektivbezeichnung gilt noch eine weitere Vermutung: wenn eine Personengruppe durch eine bestimmte soziale Funktion geeint ist, lasst

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When racial/sexual harassment became rampant in the U.S. in 1980s, many colleges and universities along with local governments adopted regulations which proscribed hate speech and other fotms of hatred. In 1992, however, the Supreme Court struck down an ordinance banning "fighting words" that insulted or provoked violence "on the basis of race, color, creed, religion or gender." In R.A.V.v.City of St. Paul, the Court stated that the ordinance impermissibly discriminated against unpopular topics. Critics of R.A.V. showed deep concern for the logic of the Court and others provided their reasoning for upholding strictly framed regulations. In this Article, I intend to present outline of the debate on hate speech regulations in the United States. In Chapter II, I overview the anti-regulation argument by presenting R.A.V. and then point out the flaw in its logic. In Chapter III, I turn to the pro-regulation argument and discuss how the proponents of the regulations solves the problem of content/viewpoint discrimination. I then present the harm caused by hate speech, and finally analyze hate speech regulations under the values of the Freedom of Speech.

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1. Der Hinweis auf ein aktulles Problem Die Verlangen nach die Verfahrensschnelligkeit und nach die Gerechtigkeit stehen gegensatzlich im Patentprozessverfahren. Dieses Problem muss bei der Gesetzgebunglosen. 2. Uber das Problem mit der Einrichtung des Patentgerichit (1) Die letzte Einrichtung des Patentgericht in Republik Korea (2) Die Fachlichkeit der Verhandlungsorgane mit dem Patentprozess in England (3) Eine Betrachtung uber das Patentgericht in Japan 3. Uber das Problem mit dem technischen Richter (1) Der technische Untersucher in Republik Korea (2) Das System des technischen Richter in England (3) Uber die Unterlage zu die Einflihrung des technischen Richter (4) Eine Betrachtung uber die Einfuhrung des technischen Richter und den Ursprung in Japan 4. Uber die Bestrebung nach die Einheitlichkeit der Verhandlung gleichfalls wie Deutschland (1) Die Unvollsttandigkeit nach die Einheitlichkeit bei dem Koreanischen Patentrecht (2) Die einheitliche Verhandlung im Englischen Patentprozess (3) Uber die unmittelbare Klageerhebung dem Klager die Wahlzulassen im Japanischen Patentprozess 5. Die Umgestaltung des Entscheidungsverfahren im Patentamt

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In the aftermath of the Russo-Turkish war of 1877-78, San Stefano Treaty was signed in March 1878 and granted in dependence to Serbia, Montenegro, and Rumania, and autonomy to a large Bulgarian state. No such provision was either sought or executed for the Armenians. Sultan Abdul Hamid II (1876-1909) believed Muslim superiority in the Ottoman Empire. He determined to annihilate the Armenian nation perfectly, and to sweep away that hated Christianity which provoked Europe to interfere. He feared nineteenth-century Armenian Renaissance, and to abort it he preferred to use force, including massacre. Lepsius mentions that the Armenian massacres were caused by the threats for reforms made by the Great Powers. On the night of 23/24 April 1915, numbers of Armenian political, religious, educational, and intellectual leaders in Constantinople were arrested, deported into Anatolia, and put to death. Minister of Internal Affairs Talaat Pasha ordered Armenian deportation from the war zones to relocation centers-actually the deserts of Syria and Mesopotamia. Armenian soldiers of the Ottoman armies were taken out in groups and murdered. The adult and teenage males were swiftly separated from the deportation caravans and killed immediately under the direction of Young Turk officials and agents, the gendarmerie. Women and children who were drive for weeks over mountains and deserts, often dehumanized by being stripped naked and repeatedly preyed upon and abused. About 1,500,000 of the Armenians have been slaughtered by Sultan Abdul Hamid II, The Young Turks and Nationalists in 1894-1923. The survivors of the Ottoman-Armenian were condemned to a life of exile and dispersion and could not help being resigned to inevitable acculturation and assimilation all over the world. The writer's aim in this paper is to raise the following three questions: What happened? Why did it happen? And what might be leaned from the Armenian case?

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