法政論叢
Online ISSN : 2432-1559
Print ISSN : 0386-5266
38 巻 , 2 号
選択された号の論文の23件中1~23を表示しています
  • 原稿種別: 表紙
    2002 年 38 巻 2 号 p. Cover1-
    発行日: 2002/06/15
    公開日: 2017/11/01
    ジャーナル フリー
  • 原稿種別: 表紙
    2002 年 38 巻 2 号 p. Cover2-
    発行日: 2002/06/15
    公開日: 2017/11/01
    ジャーナル フリー
  • 原稿種別: 付録等
    2002 年 38 巻 2 号 p. App1-
    発行日: 2002/06/15
    公開日: 2017/11/01
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  • 山本 龍彦
    原稿種別: 本文
    2002 年 38 巻 2 号 p. 1-24
    発行日: 2002/06/15
    公開日: 2017/11/01
    ジャーナル フリー
    With genetic technology developing rapidly, as shown in the Human Genome Project, a third party such as governments have started to show great interest in collecting and preserving personal "genetic information". In the United States, all 50 states have already established DNA databanks for criminal investigation. It is said that the government may be able to improve the natural characteristics of a criminal by manipulating his or her genes. Even in the realm of law, genetic information has gained constitutional status, which is seen especially in the United States. However, this controversy is still at its developing state. The word "genetic information" itself is defined differently according to each argument. In thes document, "genetic information" is divided into three types by using the debates in America as a reference. They are "DNA infromation area", "information drawn out by DNA testing", and "DNA fingerprints". The document reviews each type's constitutional status.
  • 森 長秀
    原稿種別: 本文
    2002 年 38 巻 2 号 p. 25-39
    発行日: 2002/06/15
    公開日: 2017/11/01
    ジャーナル フリー
    I. Introduction II. The Public Ombudsman 1. meaning and grouping 2. adinistrative consultation 3. founding and law 4. transition 5. career of Ombudsman III. Working of system 1. number of cases 2. subject of cases 3. procedure 4. judgement 5. opeing to the public IV. Conclusion
  • 笠原 英彦
    原稿種別: 本文
    2002 年 38 巻 2 号 p. 40-48
    発行日: 2002/06/15
    公開日: 2017/11/01
    ジャーナル フリー
    In 1876 the new point of view concerning public health administration was introduced by Sensai Nagayo. The American Civil War marked a watershed in the history of public health policy. It was followed by the apperance of the new municipal health sections. By 1876 new knowledge from the fields of microbiology and other medical sciences was applied in the public health policy. In the United Sates many historians understand such a movement as a critical revolution of American sanitary. The American public health movement was based on the experiences of European countories. Advanced clinical medicine enabled France to take the initiative in the field of public health, but by the 1850's England had assumed leadership. In the latter part of the 19th century, the movement got a chance from the emergence of Germany. During the Colera years American doctors and administrators were able to obtain the substantial fruits of Europe. Dr. John Griscom modeled so called Chadwick's work whitch entitled "The Sanitary Condition of the Laboring Population of Great Britain". In America the emphasis on local government continued throughout the century. As somebody knows, the effect of regionalism was an important factor when we consider the institutionalization of American public health. In consequence, Dr. Nagayo was able to observe many local departments of sanitary and understand the nature o public health aadministration in America. The development of asnitary engineering in the 1870's America enabled recent local government to incorporate advanced technology into their sewer systems. He went on to insist the adoption of American model while working for the department of public health in early Meiji period.
  • 阿部 竹松, 荒木 義修
    原稿種別: 本文
    2002 年 38 巻 2 号 p. 49-55
    発行日: 2002/06/15
    公開日: 2017/11/01
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    In recent years, environmental protection issues have been of crucial importance, because of their nature, characteristics, and influence. Nowadays, local or domestic environmental problems are in many ways linked with various environmental problems in other geographic areas. It is quite possible that even a small environmental problem will turn out to be a global one. Needless to say, all people and nations are obligated to participate in solving environmental problems at every state. Today, it is required for those who are in the fields of laws and political science to advocate such new environmental measure as they may judge necessary and expedient. The main aim of the symposium is to examne conventional environmental laws and regulations as well as administrative guidance conducted by local and national bureaucrats, and to advocate a new theory and practical rules for the improvement of our environment. Professor Nobori, Meijou Universiry, presented a paper under the title of "What Environmental Protection Should be: From the Standpoint of the Relationship between National and Local Governments." He explained why local governments are able to put improvements into practice prior to policymaking by the national government. He cited various cases and regulations concerning air pollution, environment assessments, and waste management throughout the country, and suggested that it is necessary to revise environmental regulations. Professor Hiramatsu, Kwansei Gakuin University, presented a paper under the title of "The Constitution and Environmental Protection." First of all, he pointed out that there is a limitation as to interpretation of the legal benefits of human rights which are prescribed in the Administration Litigation Act, even thouth we try to interpret it in a broad sense when we attempt to apply it to environmenta protection. He exzmines "environmental rights," while citing s series of theories advocated by German scholars. He suggested that it is necessary for us to make a law on the basis or protecting "animal rights for survival," and that may provide us with a criterion for court judgments concerning environmental protection. Mr. Yokota, National Institute for Environmental Studies, presented a paper under the title of "Globalizaion of Environmental Problems and the Administration and NGO's: Their Policymaking for Climate Change Issues." He indicated a recent globalization trend of environmental problems that has become increasingly prominent since the 1980s. The issue of climate change is one of the most critical environmentl problems. He explained in detail a series of poliymaking steps for climate improvement done by certain advanced nations. He also explained the process of reaching a global consent among nations to the Kyoto Protocol. As for activities of NGO's, he pointed out that NGO's have been rather reluctant to participate in policymaking concerning environmental issues. Professor Fujimoto, Kokushiman University, presented a paper under the title of "Environmental Protection and the Roles of Civil Laws." From the standpoint of human rights, he has examined court injuntion regarding environmental pollution cases, such as serious lawsuit cases regarding Niigata Minamata disease (a type of poisoning caused by industrial mercury pollution), Yokkaichi city asthma, Itaiitai disease, and Kumamoto Minamata disease. He emphasized the significance of court decisions which have resulted in to improvements to our environment. Professor Saegusa, Nagoyagakuin University, presented a paper under the title of "Environmental Protection: From the Viewpoint of Environmental Criminal Laws." He pointed out that the Japanese environmental criminal laws prescribe rather light punishments, and, what is worse, environmental criminal laws have seldom been applied to the cases which had

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  • 昇 秀樹
    原稿種別: 本文
    2002 年 38 巻 2 号 p. 56-61
    発行日: 2002/06/15
    公開日: 2017/11/01
    ジャーナル フリー
    In Japan, the environmental policy was frequently born in local governments. Why have local governments preceded to the central government in the environmental policy? I insist two reasons. 1 Local governments are more acceptable to their citizens than the central government 2 The presidencial system in local government in which the governor or the mayor can decide its environmental policy by himself is more efficient than the cabinet system
  • 平松 毅
    原稿種別: 本文
    2002 年 38 巻 2 号 p. 62-71
    発行日: 2002/06/15
    公開日: 2017/11/01
    ジャーナル フリー
    1 Einfuhrung 2 Umweltschutz durch Burgerintiative als der Klageberechtige auf Grund der erweiterten Interpretation des "durch Gesetz geschutzten Interesses". 3 Umweltschutz durch die Interpretation des allgemeinen Rechts zum Schutze der Personlichkeit 4 Umweltschutz durch die Interpretatoin der "Wurde des Menschen" (Bonner Grundgesetz) oder der "Achtung vor der Einzalpersonlichkeit" (Japanisches Verfassungsrecht). 5 Umweltschutz durch die grundrechtliche Schutzpflicht des Staates. 6 Umweltschutz durch den Vertretungsberechtigten des geschutzten Tieres als Klageberechtigter. 7 Umweltschutz durch das grundlegende Gesetz zum Umseltschutz.
  • 横田 匡紀
    原稿種別: 本文
    2002 年 38 巻 2 号 p. 72-85
    発行日: 2002/06/15
    公開日: 2017/11/01
    ジャーナル フリー
    This paper examines problems of global environmental policy-making. Special attention is paid to climate change policy-making. First, this paper deals with current states of climate change regemes. In, climate change issue area, Kyoto Protocol is established in 1997. And political agreement (Bonn Agreement and Marrakech Agreement) on rule of climate change regimes has reached in 2001. Second, this study focuses on linkages between international and demestic policy-making. Third focus is on roles of Environmental NGOs in climate change policy-making. 1. Introduction 2. Current States of climate change regimes 3. International/Domestic Linkages 4. Roles of NGOs 5. Conclution
  • 藤本 公明
    原稿種別: 本文
    2002 年 38 巻 2 号 p. 86-94
    発行日: 2002/06/15
    公開日: 2017/11/01
    ジャーナル フリー
    1 Introduction Through analysis of the prohibitive decision concerning the environment, I investigate the legal base of the admissive prohivitibe decision, the verification of the damage, the degree of the damage, the conditions of the region, the evadable possibility of the damage, and the fault of procedure. 2 Five judical precedents which admit the prohivitive decision. 3 Conclusion Every judicial precedent which admits the prohivitive decision adopts not the right of environment but the right of personality of property as the legal base of the admissive prohivitive decision. The court has not yet approved the right of environment. The petitioner who wants to get prohivitive decision owes the verfication of the damage. It is enough for the petitioner to prove the high probalility of the occurrence of environmental pollution, and prove that the damage passes the limit of endurance. Concerning the conditions of the region, if it is highly expected that the new source of environmental pollution will add in the polluted region, the possibility of the admissive prohivitive decision will be high. About the evadable possibility of the damage, the establisher of the equipment which causes environmental pollution, during the construction and running of it, should select the place where it inflicts the less environmental damage on citizens, and should greatly consider their health, and should make the best effort to stopping the influence on the life of the neighboring citizens. Relative to the fault of procedure, if it is feared that environmental pollution will occur by the equipment, we can find the judicial precedent which admits the prohivitive decision, when the establisher did not do the environmental assesment beforehand. But if it is not feared that environmental pollution will occur by the equipment, the court will not admit the pohivitive decision because of the previous environmental assesment. Because there is no act which obligates the environmental assesment. The civillaw has greatly contribute to the environmental protection by offering the legal theory of the relief of the victims and the legal base of the prohivitive decision as the prevention of the environmental damage.
  • 三枝 有
    原稿種別: 本文
    2002 年 38 巻 2 号 p. 95-102
    発行日: 2002/06/15
    公開日: 2017/11/01
    ジャーナル フリー
    Guaranteeing the effectiveness of the environmental criminal laws by legal punishment is extremely important in today's environmental protection administration. However the punishment provisions of the Japanese environmental laws have been effective more as a sanction rather than as prevention, despite the fact that environmental pollution will give considerable harmful effects on human health and lives. Nevertheless, there are very few cases where punishment provisions of the environmental conservaton, whicn is the original purpose of the laws. In the modern society, it is insufficient just to add the punishment provisions to the environmental laws for the benefit and protection of environment which has newly been generated. Rather it is necessary to discuss how to make the most of the functions of punishment in such a way that environmental violation may be prevented by utilizing its function to form the norms in the society and further by taking advantage of its subordinate nature to administrative acts, which seems to be a slow but a certain way. When we decide to take this way from now on, we must take into account the more active functions of the environmental criminal laws as well as their pending issues and limitations, thereby we will be able to find a way to use a santion more effectively and usefully for environmental protection.
  • 門松 秀樹
    原稿種別: 本文
    2002 年 38 巻 2 号 p. 103-133
    発行日: 2002/06/15
    公開日: 2017/11/01
    ジャーナル フリー
    The Meiji Government took the reins of the government from the Edo Shogunate by Meiji Restration. Despite of this change, the greater part of administrative organizations of Edo Shogunage were taken over by the Meiji Government. There were some administrative fields which took over organizations of the Edo Shogunate, for example, finance, foreign affairs, home affairs, and so on. In this paper, I study the administrative continuation between Hakodate Bugyosho and Kaitakushi from 1868 ot 1876. Hakodate Bugyosho is one of the local agencies of the Edo Shogunate. Kaitakushi is the government office established in 1869 for the purpose of development of Hokkaido. These administrative organs were established at Hokkaido, and their duties had some points of similarity. Their similar duties were home administration of Hokkaido includes development, defense of Hokkaido and negotiations with consuls of Hakodate. Because of this, officials of Hakodate Bugyosho were employed at Kaitakushi continuously. But they were dismissed gradually after 1872. The reasons of this are the improvement of original administrative organization of Kaitakushi itself and the change of development policy by Kiyotaka Kuroda, vice-minister of Kaitakushi.
  • 中村 剛之
    原稿種別: 本文
    2002 年 38 巻 2 号 p. 134-144
    発行日: 2002/06/15
    公開日: 2017/11/01
    ジャーナル フリー
    This resesarch studied the political party activities of Hyogo Prefecture under 1902-17year big electoral district system. As for the research in the political party activities of the usual battle former term, the development of the policy of the central political party has been dealt with again as a problem of the administration level such as a diplomatic problem by a master. The research of the local political party, the interest confrontation of the area and rights guidance has been handled as a leading theme toward this. It thinks about the purpose of this researth with the political problem whose election itself is the biggest. It pays attention to a method with the structure of tha candidate selection and the competition in the research of the election that the analysis of the usual number of the seats and the number of votes polled was a center. The development of the politics conditions of Hyogo Prefecture under the limitation electon system of the Meiji・Taisho Period is explained.
  • 根本 晋一
    原稿種別: 本文
    2002 年 38 巻 2 号 p. 145-153
    発行日: 2002/06/15
    公開日: 2017/11/01
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    Cause: The prevention of infringement and the recovery of one's name damaged by the news medium are highly dificult, as prior broadcast suppression may potentially be unconstitutional and illegal. Moreover, the recovery of one's reputation once damaged is realistically unattainable. For this reason, there exists acmmon societal passiveness in requesting fundamental help and compensation thgrough legal assistance. ADR has therefore been suggested as a means to allow swift and appropriate measure be taken in restoring an individual's mane. However, there are still discrepancies in its definition and applicability. Main discussion: Based on the conclusions drawn by the BRO, The Japan Federation of Press Worker's Unions. The Japan Federation of Bar Association's Human Right's Protection Commitee, The Ministry of Justice's Civil Liberties Bureau, and the others on its effectiveness, the author reports on what he belives would be a valid press review board organization, as an institution upholding ADR. Conclusion: Since resolution of present circumstances as they exist today is considered difficult by each of the abovementioned oranizaions, The Ministry of Justice's Council for Human Rights Promotion report-stating how a system for human rights protection ought to be-should be relized immediatery. In paticurar, the establishment of "The Commitee of Human Rights (tending name)" is called for. In effect, steps such as mandatory cooperation of mass media during inquiries, the disclosing of inquiry processes, semi-compulsory measures in dealing with excessive coverage by mass media, et cetra, would be madepermissible. The effectiveness of ADR will consequently be enhanced and exeed that of each aforementioned organizaion, there by an adequate resolution is prvable.
  • 長瀬 二三男
    原稿種別: 本文
    2002 年 38 巻 2 号 p. 154-168
    発行日: 2002/06/15
    公開日: 2017/11/01
    ジャーナル フリー
    This questionnairing was condected on 300 Real Estate Companies in the Tokai area (Aichi, Gifu, and Mie). According to this questonnairing, the companies who had used the Assured Shorthand Tenancy before this questionnairing was only 35%. The causes were tenant's opposition (21.1%) and so on. A remarkable cause is landlord's opposition (15.3%). The Assured Shorthand Tenancy is advantageous to many lanadlords. In spite of advantage some landlords were against the AST, because they were afraid of failing a contract. A rented house has been a tenant's market nor, it is a matter of course. Therefore the AST isn't attended by an evil now. But it may be attended by an evil if a rented house is a landlord's market. And then, they think that tha AST will promote renting a vacant house, loosening an inquiry for contract. Therefore they make good use of the AST in its own way now.
  • 長尾 英彦
    原稿種別: 本文
    2002 年 38 巻 2 号 p. 169-176
    発行日: 2002/06/15
    公開日: 2017/11/01
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    1 Einfuhrung 2 Die Bedeutung des Urteils des Obersten Gerichtshofs (Senat 3) vom 28. Februar 1995 nach meiner Auffassung. 3 Die Bedeutung, "Das Wahlrecht als das fur dem Volk eigentumliches Recht" 4 Die Moglichkeit, der ansassigen Auslandern das Staatswahlrecht durch Gesetzgebung zu verleihen. 5 Die Moglichkeit, der ansassigen Auslandern das Kommunalwahlrecht durch Gesetzgebung zu verleihen 6 Schlussbemerkung
  • 烏野 猛
    原稿種別: 本文
    2002 年 38 巻 2 号 p. 177-192
    発行日: 2002/06/15
    公開日: 2017/11/01
    ジャーナル フリー
    Recently the contract theory about the welfare service is widely discussed in the field of the social welfare. On the other hand, it is difficult for the person who declines a intent ability by demeentia and bedridden to make a contract action. In fact, there is a representative of the welfare about the procedure and the decision of the social welfare services. However, the right of representatibe difined in the civil law to make a contract can't adapt to the social welfare. Consequently, some problems of peculiar representative should be discussed with the view of the welfare services.
  • 永田 尚三
    原稿種別: 本文
    2002 年 38 巻 2 号 p. 193-199
    発行日: 2002/06/15
    公開日: 2017/11/01
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    1 Introduction 2 The Present situation (1) System (2) Problems 3 Analysis 4 Conclusion
  • 原稿種別: 文献目録等
    2002 年 38 巻 2 号 p. A27-A6
    発行日: 2002/06/15
    公開日: 2017/11/01
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  • 原稿種別: 付録等
    2002 年 38 巻 2 号 p. A1-A5
    発行日: 2002/06/15
    公開日: 2017/11/01
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  • 原稿種別: 表紙
    2002 年 38 巻 2 号 p. Cover3-
    発行日: 2002/06/15
    公開日: 2017/11/01
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  • 原稿種別: 表紙
    2002 年 38 巻 2 号 p. Cover4-
    発行日: 2002/06/15
    公開日: 2017/11/01
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