I Introduction II Outline of the privacy i Argument of the right of privacy 1. Conception of the right of privacy ii Legal basis of the right of privacy and the argument of the article 13 of the Constitution iii Relationship with the law in force iv Protection of the privacy and the personal information V Formation and expansion of the right of privacy in the United States and Germany III Detail ot the privacy i Privacy of dead person ii Privacy of the juridical person iii Relationship with the freedom of expression 1. Precedent 2. Adjustment between the right of privacy and freedom of expression iv Relationship with disclosure of public information V Educational information Vi Medical informtion Vii Privacy in the internet IV Conclusion

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Die interpretatorischen Erweiterungen der grundrechtlichen Freiheiten in die quantitative - und qualititative Dimensionen ermoglichte die grundrechtlichen Schutz gegen neue Gefahren. Dieses wirft aber eine nicht ubersehbare Frage uber die Homogenitat der grundrechtlichen Freiheiten an. Ich benutze das Paradigma, das Prof. Josepf Isensee vorschlagt. Dann vergleiche ich das Recht auf infomationelle Selbstbestimmung nach Art. 13 der japanischen Verfassung und den Auskunftsanspruch gegen den Staat nach Art. 21 der japanischen Verfassung. Ich stelle Betrachtungen uber folgende zweie Fragen an. Erstens; ob diese zweien Rechte, die nach der herrschenden Meinung der japanische Verfassungslehre als abstrakte Rechte in gleicher Weise lassen sich denken, eigentlich einen Unterschiede machen mussen. Zweitens; wenn auch ein Unterschied gemacht wird, wie diese Rechte zu charakterisieren sind. Prof. J. Isensee untersheidet zwischen Grundrechtsnormen und Grundrechtsvoraussetzungen. Grundrechtsnormen sind zuerst Abwehrrechte gegen den Staat und soziale Leistungsanspruche sowie grundrechtliche Schutzpflichten als objektiv - rechtlicher Gehalt der Grundrechte. Grundrechtsvoraussetzungen sind Faktoren rechtlicher oder realer Art, vondenen die effektive Geltung der Grundrechtsnormen oder die Moglichkeit ihrer praktischen Wahrnehmung abhangt, die jedoch nicht Bestandteil der Grundrechtsnorm selbst sind und nicht zu ihren Schranken gehoren. Bei Grundrechtsvoraussetzungen unterscheidet Prof. Isensee zwischen Geltungsund Ausubungsvoraussetzungen. Diese Ausubungsvoraussetungen, vondenen es abhangt, ob die Burger in der gegebenen Lage die ihnen von Verfassungs wegen zustehenden Grundrechte praktisch wahrnehmen konnen, lassen sich noch typologisch ordnen in rechtliche, organisatorische, marktwirtschaftliche, soziale und soziokulturelle Voraussetzungen. Rechtliche Voraussetzungen erweisen sich als Voraussetzungen, die die Ausubung der Grundrechte ermoglichen. Soziokulturelle Vorauszetzungen sind gesellschaftliche Tatsachen. Nach herrschende Meinung der japanische Verfassungslehre enthalten die Grundrechte das Recht auf infomationelle Selbstbestimmung sowie den Auskunftsansruch. Aber die leitenden Ideen dieser Rechte sind grundsatzlich verschieden. Man kann das Recht auf infomationelle Selbstbestimmung als personliche subjektive Rechte charakterisieren. Dagegen kann man den Auskunftsanspruch nicht. Der Auskunftsanspruch ist nicht in den liberalistischen oder rechtsstaatlichen Sinne, sondern nur in der der Demokratieprinzip von Wichtigkeit. Angesichts der Homogenitat der Grundrechte ist der Auskunftsanspruch nicht der Inhalt des Grundrechts, sondern das gesetzliche Recht, von denen die gesellschaftliche Funktion abhangt. Selbstverstandlich sind die Grundrechtsvoraussetzungen gegenuber der Inhalt der Grundrecht nicht zu vernachlassigen. Die Grundrechtsvoraussetzungen sind nicht im Rahmen der Grundrechtsdogmatik, sondern im Rahmen der Verfassungspolitik zu diskutieren.

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Nowadays, the governmental system of Japan is required to change its basis. The focuses of the reform are to ensure close correspondence between policies of what the Government chose and formed and the will that the public expressed, and to make a system that the Governmnent will be able to choose and realize policy resolutely, quickly, and appropriately. In this mean, some problems surface as the most important issue about the reform, that is, the review of electoral system, the control of political funds, reinforcement of the functions of the Diet, establishment of the leadership of the Prime Minister under the parliamnetary cabinet system, establishment of a politics first system, review of the relations between the central government and local goverments, and the acrivation of local autonomy. The Diet reform, the administrative reform, and decentralization in a broad sense relate mutually. Then, only when these reforms are realized, political reform can be accomplished. What the Japanese Government Will Be in the 21st Century. 1. Governmental System in the 21st Century Gathering up the Public Will and Establishment of Responsible Policy System Coalition Government and the New Electoral System Conquest of Rural Predominance and Organization Depended on Public Enterprises under the 55's Political System 2. Acrtivation of the Diet The Diet Which can Discuss and Sessional System The "Question Time" and Abolition of the Commission System Abuses of the Prior Consulation of the Government Party 3. Establishment of Political First Administration and Parting from Discretionary Administration Establishment of Authority of the Prime Minister and Review of the Cabinet Law Reinforcement of Ministers' Authority over the Office They Control Parting from Discretionary Administration, Administrative Procedure Law, Access to Information, and Policy Evaluation 4. Promotion of Decentralization Abolition of Delegation System Local Grant and Subsidies Promotion of Voluntary Community Mergers

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The 92nd Symposium was held at Kansai Gakuin University on Saturday, 24 June, 2000. The uniform theme of this symposium was "The Political and Legal Subject after The Collapse of The Bubble Economy" Even now great distortion and defect to our social life exist behind the sollapse of the bubble economy. So the important purpose of this symposium is to analyze what teachings were left us by the collapse of the bubble economy and is to study what coutermeasures is required us toward 21st Century. As this symposium was organized by colleagues specialized in Law and Politics, this theme is very suitable, we think. From 13:30, five panelists presented their studies at this session. Masayoshi Kawa (Seiwa University) presented his study on the theme "Bubble and Low and Reason" He emphasized the pressing need of construction of Society displayed self - reason and also need of the reform of legislation and judicial administration, and so forth. Koji Ono(Daito Bunka University)presented his study on the theme "The Civil Law following the Burst of the Bubble Economy" He gave an outlook of reform of legislation after the collapse of the bubble economy and reported the trouble over contract of right of security and illegal occupation. Natsuhiko Yoshida(Nihon Bunka University) presented his study on the the me "The Movement of the Japanese Commercial Law Revision After the Collapse of the Bubble Economy" He especially took the focus in the peculiarity of revision of commercial law after 1994, and he also emphasized the need of re - construction of theory of commercial law. Yoshikazu Kure(Knasai Gaikokugo University)presented his study on the theme "The Assembly Reform in the Age of Decentralization" With many materials and data, he distinguished local assembly and local governor, and explained their function to be fulfilled. He also made some important suggestions to activate the local assembly. Last panelist, Yasukuni Iwagami(Heisei Kokusai University)presented his study on the theme "The Burst of the Bubble Economy and Local Public Finance" He explained a change for the worse of local finances after the collapse of the bubble economy and emphasized the importance of self - sources of revenue to stop its change for the worse. After these significant presentation, there were some questions and answers, and this symposium was closed at 17:00 successfully. We thank all the persons of Kansai Gakuin University concerning to hold this meeting.

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In the first place, this research paper deals mainly with a special law including the material civil law enacted or amended in the past one or two years and the amendment of the Civil Code, the principle of the change of circumstances and a suit for unlawful occupation and then points out the problem of marriage of the same sex, a problem, a likely subject for the 21st century, of the liability for a breach of promise of marriage and of the relationship between the cause of a divorce and compensations for a divorce and then studies the legal measures toward the 21st century. In the former part, the paper takes up the laws relative to the protection of consumers which are more or less related to the burst of the bubble economy and the principle of the change of circumstances and a suit for unlawful occupation, both of which are closely connected with the burst of the bubble economy and the question of the revision of the Civil Law. Though the revision of the Civil Law has no relation with the burst of the bubble economy, it is inevitable to deal with this matter as a major legislation event to be recorded in the history of Japan's Civil Code revised after the burst of the bubble economy. In this revision, the portion of "capability" in the section of the general provisions of the civil code was revised extensively and the portion of "guardianship" in the section of kinship was also revised on the basis of the new concept of respect for self - reliance and self - determination, making the most of the remaining capability and normalization and with reference to the revised law(1990)of the Province of Quebec, Canada, a law of French origin. Besides this legal guardianship system, a voluntary guardianship system is also established. In the latter part, while the reform of the family law in various countries of the world is being progressed in a similar manner as a result of globalization of social conditions, a study is made of the question of the protection of marriage of the same sex, which will be a major issue in the 21st century also in Japan and the problem of compensations for divorce and further the liability for a breach of promise of marriage, particularly its present day significance.

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The Japanese commercial law that was enacted in 1899 has been revised frequently until today. The commercial law is the rule of the interest adjustment about the enterprise in the social system of the capitalism economy. Therefore, it is natural that the commercial law will be revised to cope with the change in the economic environment over that enterprise. I think that especially, in the territory of the corporation law, which regulates the corporation enterprise that is the main economic subject in the modern economic society, a revision must be necessarily made. Even if the whole of the company law changes by that revision, like the introduction of the American law in the commercial law revision in 1950, it should be made when the consistency with the usual commercial law theory is secured. The corporation law was never independent from the economic policy of each European country when the history of the revision of the corporation law in Europe was seen. But, as for the Japanese commercial law revision after the collapse of the bubble economy, especially as for the revision held continuously after 1997, there was a different place from the usual commercial law revision obviously. It was to give priority to more economic policy - like purposes than the logical consistency as a law in the contents and procedure of the revision. In this paper, I point out two problems of the Japanese commercial law revision after the collapse of the bubble economy. The first of those problems is to be too favorable legislation for the manager of the corporation, and the second is whether the legislation means of the member legislation was exercised suitably. And then, I show three points that will have to be revised from now on. First, the real enterprise combintion laws will have to be enacted. Next, the legislation corresponding to the scale of the corporation will have to be made. At the end, as for the large - scale public corporation, the relations between the corporation law, the accounting standard and the securities and exchange law will have to be adjusted.

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1) introdution 2) The recommendation of the committee on the Promotion of Decentralization and the Refome on the Local self government low 3) The Analysis on the Assmbly 4) The Reason why the Assmbly does'nt represent the view of citizen 5) The new tendency on the Assembly 6) Conclusion

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1. Recent Trends in Local Public Finance 2. The Burst of the Bubble Economy and Local Public Finance 3. Two Types of Patterns of Financial Crisis after the Burst of Bubble Economy 4. Decentralization and Local Public Finance Following the burst of the bubble economy, local public finance began to suffer from a shortage of financial resources. It is symbolic that Tokyo and Osaka prefecture, wihch used to be examples of local government wealth, have fallen to debt. The burst of the bubble economy has brought about a large reduction in localtax revenues. For example, the enterprise tax revenue has decreased by one - third since its peak. And due to the tax reduction measures to boost economy, local tax revenues have fallen. On the other hand, annual expenditures have increased. The reason is that public works have been increased as measures to boost the economy. Therefore, local governments have been obliged to cover the shortage of revenues by borrowing, which has resulted in a successive increase of debt charges, and ultimately in a near collapse of the entire local public finance system. As a whole, local governments have amassed debts of more than \160 trillion.

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Janos kadar, the leader of the Hungarian Socialist Worker's Party(HSWP), took over the reins of the government after the Soviet military intervention, 4 November, 1956. Kadar fell into difficulties because Imre Nagy, who was the Prime Minister during the Hungarian Revolution of 1956 and declared a withdrawal from the Warsaw Pact, took refuge in the Yugoslavian Embassy in Budapest and refused to support the Kadar - government. The Nagy - problem caused a controversy over domestic policy within the Provisional Central Committee of the HSWP. The moderates with the intention of radical reform insisted on compromise with Nagy and other opponents to stabilize the domestic situation. Kadar and other hard - liners, who intended to reestablish the one - party system urgently, insisted on restoring order by oppressing opponents. In the end, Kadar arrested Nagy in cooperation with the Soviet Union and prosecuted him for counter - revolutionary activities. Kadar had to strengthen the party power presupposing domestic reform within the frame of the one - party rule. The decision on prosecuting Nagy was a turning point to the restoration of the old socialist system. The purpose of this paper is to examine how Kadar took the leadership in the party. The author analyses the connection between the Nagy - problem and the formation of the Central Committee of the HSWP initiated by Kader and his associates.

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The aim of this paper is to examine the historical origins of the Conservative Research Department(CRD) in the 1920s in order to illustrate a significant feature of British party politics. The CRD was established in 1929, when the Conservatives were out of power. It is said that in view of the growing complexity of the political aspect of modern industrial, imperial and social problems, Stanley Baldwin, Leader of the Opposition, decided to set up a department charged with the task of organizing and conducting research into these matters. The CRD has played an important role in the making of Conservative policy, especially the production of the general election manifestos since then. Although the Conservative manifesto is shaped by a group of senior cabinet ministers, chosen and overseen by the Party Leader, they are assisted by the CRD staff. Why did the Conservative Party, without surrendering its political tradition, manage to found the CRD under changing political and economic conditions in the late 1910s and early 1920s? What is the driving force in the establishment and development of the Department? An answer to these questions depends on the existence and infuluence of the Conservative tariff reformers such as Alfred Milner, L.S.Amery and Neville Chamberlain. According to Arnord Beichman, however, not only are the origins of the CRD or at least its paternity somewhat obscure. 'Equally obscure is the identity of the man who became its first director, Joseph Ball.' Hence this paper offers an explanation by studying a close connection between tariff reform and the CRD's role at that time. On a survey of various historical materials this study shows the following conclusions: The Conservative Party, as Alistair B.Cooke suggests, has N.Chamberlain to thank for providing it with something infinitely more substantial with which to counter the explicit promises of both parties of the left after the First World War. 'It was Chamberlain who extracted a range of carefully considered and distincive proposals from the party policy secretariat set up in 1924 by Stanley Baldwin. 1924's ground - breaking achievement could be repeated with comparatively little difficulty after 1929 when the party revived its short - lived policy secretariat as a permanent CRD under Chamberlain's control'. It is obvious from a historical point of view that N.Chamberlain and the tariff reformers actually founded the CRD.

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1. The Foreign Ralations between Tang, Silla, and Po - hai 2. The Diplomatic Organization of Ritsuryo System 3. The Charactors of Diplomat in Ritsuryo Period 4. The Signification of Diplomatic Career in Ritsuryo Bureaucracy 5. Conclusion

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Die unterhaltsrechtliche Leistung ist sowohl im japanischen wie auch im deutschen Zivilrecht nicht Sachleistung, wie z.B. die Pflege, sondern Geldleistung. Nach Einfuhrung der Pflegeversicherung als Pflichtversicherung hat sich in Deutschland die Pflege in der Familie zu einem Rechtsproblem im Spannungsfeld von Unterhaltsrecht und Pflegeversicherungsrecht entwickelt. Mit der Neufassung des §91 BSHG ist es moglich geworden, den Aufwand fur die innerfamiliare Pflege auch geldlich zu bewerten. Neben die Leistungen aus der Sozialversicherung des pflegebedurftigen Angehorigen treten dann auch noch die Leistungen aus dessen Pflegeversicherung an die pflegenden Angehorigen. In Japan hingegen wird die pflege in der Familie auch nach der Einfuhrung einer Pflegeversicherung nicht als rechtliches Problem behandelt, sondern ist sittliches Problem geblieden. Dies gilt selbst dann, wenn die innerfamiliare Pflege fur die betreffenden Angehorigen eine erhebliche Belastung darstellt. Zusammenfassend ist festzustellen, dass die rechtliche Harmonisierung von Unterhaltsrecht und Pfregeversicherungsrecht im Bereich der innerfamiliaren Pflege in Japan eine dring liche Aufgabe darstellt, die in naher Zukunft gelost werden sollte.

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This article compares, contrasts, and examines the rights of citizens in the Northern Territory of Australia regarding euthanasia relative to the rights of Japanese citizens pertaining to euthanasia as detailed in the Japanese Courts. This article further explains the methods the Northern Territory attempted to educate its citizens on the newly granted rights related to euthanasia. Although Australia's Northern Territory Rights of the Terminally III Act lasted a relatively short time at nine months, its societal impact and controversy swept across the Australian sub - continent and, to a small extent, spilled into the issues driving the euthanasia debate in Japan. Even now with the repeal of the Act, the controversy over euthanasia is not concluded and still remains a central societal issue. During its short tenure, four terminal patients attempted to utilize the act to commit euthanasia legitimately. Immediately following the attempted practical use of the act by these four patients, the moral and legal legitimacy of the law was cast into dispute. Issues regarding the quality of life, definitions of life, and general religious mores were brought into sharp focus. New medical technology applied to these four patients and in general has further dramatically affected the debate over euthanasia. Old definitions regarding life and death are unwieldy, difficult, and sometimes improssible to apply while new definitions must be developed and grappled with within a framework of a legal, religious, and cultural viewpoint. With the extensive prolongation of life through medical advances, prolonged suffering has come to the fore as a major moral issue that cannot be ignored. Debated over the mental agony caused by a terminal illness and its role in determining acceptable standards for euthanasia may further spill into Japan. The Japanese debate over "mental agony" will, undoubtedly, be driven by its own unique cultural perspectives which may potentially lead to alternate results. In general euthanasia, is not acceptable by most for various moral and religious reasons. Althoush the right to terminate one's own life is largely borne by the individual patient, society weighs its final hand in the process. It is the opinion of this author that, in terms of a patient's dignity, it is important to respect the widhes of the individual directly affected by the pain, agony, expense and suffering involved in a terminal or severely debilitating condition. The patient is uniquely situated to make the determination to die. It is only the patient who can make the review of their own life experiences and the degree to which they can endure the invasive medical procedures which have extended the "dying process". The pain of living can be greater than the finality of death. As medical technology has dramatically changed the technical term of "living", society may need to adapt its social meaning of life and redevelop new ways of dealing with the final chapter of the living process.

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Intoroduction Two elements which consist of the word Indigenous Peoples. Some recent events pertaining to the rights of Indigenous Peoples. I. Land Rights of the Aborigines in Australia 1. Before the Mabo decision and the Mabo decision 2. After the Mabo decision (1)The Native Title Act 1993(Cth)in comparison with the Land(Titles and Traditional Usage)Act 1993(WA) (2)The Wik decision and after the Wik decision II. Land Rights of the Aboriginal Peoples in Canada Re: the Delgamuukw decision Conclusion Suggestions to Japanese Law from viewpoints of Australian and Canadian Law on the land rights of Indigenous Peoples

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1 Introduction 2 Insistence of each newspaper on「Syusenron」 3 Insistence of newspaper『Cyoya sinbun』on「Hisenron」 4 Insistence of each newspaper after「Kanjyo jyoyaku」 5 Estimate of each newspaper of「Tenshin jyoyaku」 6 Insistence of each newspaper on「 Komonto jiken」 7 Conclusion

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The conventional historical research on Japanese diplomacy during Pre - War Showa seems to have focused on competitive relations between the Army and the Ministry of Foreign Affairs. Analyzing each diplopat's vision of foreign policy has tended to be neglected. As for the period when the Army increased its influence on Japan's policy making, the attitudes of the Foreign Ministry were regarded as "International Cooperationism" as a whole, just because they were opposed to the Army's expansionism. I wonder if it is proper to refer to their ideas of foreign policy as "International Cooperationism". With this question in mind, I would like to take up, in particular, Mamoru Shigemitsu among the leading diplomats during Pre - War Showa. My main concern is to probe into his own ideas of foreign policy and to condiser his historical estimation. This thesis aims to shed light on his ideas of foreign policy and diplomacy during his years as ambassador to England, (October, 1938 - June, 1941).

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