法政論叢
Online ISSN : 2432-1559
Print ISSN : 0386-5266
47 巻 , 2 号
選択された号の論文の28件中1~28を表示しています
  • 原稿種別: 表紙
    2011 年 47 巻 2 号 p. Cover1-
    発行日: 2011/05/15
    公開日: 2017/11/01
    ジャーナル フリー
  • 原稿種別: 表紙
    2011 年 47 巻 2 号 p. Cover2-
    発行日: 2011/05/15
    公開日: 2017/11/01
    ジャーナル フリー
  • 原稿種別: 付録等
    2011 年 47 巻 2 号 p. App1-
    発行日: 2011/05/15
    公開日: 2017/11/01
    ジャーナル フリー
  • 伊達 竜太郎
    原稿種別: 本文
    2011 年 47 巻 2 号 p. 1-12
    発行日: 2011/05/15
    公開日: 2017/11/01
    ジャーナル フリー
    Recently, discussions of international corporate law have been accumulated in Japan. Through a revision for Corporate Law in 2005, corporations can carry out triangular mergers as a tool of international M & A (Mergers and Acquisitions) with being admitted to use cash-out mergers. However, the legal problem about cross-border mergers is not necessarily clear as a whole content. First of all, according to the corporate law market in the United States, the Delaware State has become the dominant competitor to incorporate in the market for public corporations. The Delaware State adopts a special rule, the "internal affairs doctrine" (IAD). The Delaware court in Rosenmiller applied Delaware law to a Delaware corporation under the IAD despite a New Jersey choice-of-law clause in the firm's shareholder agreement. Under Japanese law, the IAD matches with the theory of the application of the allocation to corporations in the aspect of cross-border mergers. Also, when the IAD conflicts with a choice-of-law clause in the merger agreement, both law can be applied from the interpretation of the Act on General Rules for Application of Laws § 7, because the intentions of the parties can be considered in each situation.
  • 金井 直美
    原稿種別: 本文
    2011 年 47 巻 2 号 p. 13-25
    発行日: 2011/05/15
    公開日: 2017/11/01
    ジャーナル フリー
    This study aimed to examine practices of restorative justice in various countries and regions such as Europe and the United States, the ideas which supported these practices, and the limitations and problems associated with restorative justice. This study also examined the possibilities of restorative justice from the viewpoint of respecting the subjectivity of the person concerned. One of Howard Zehr's ideas on restorative justice was examined, as were practices of restorative justice using several typical models. We followed this by examining the institutional problems with and limitations of restorative justice, as well as the viewpoints of victims, perpetrators, and communities. Based on the study's results, we examined the possibilities and conditions for restorative justice to be useful to each of these persons, and to become a democratic and effective measure against crime. Our overriding conclusion was that respect for the subjectivity of the person concerned was the most important factor.
  • 林 紀行
    原稿種別: 本文
    2011 年 47 巻 2 号 p. 26-38
    発行日: 2011/05/15
    公開日: 2017/11/01
    ジャーナル フリー
    Local government in Japan employs a system of dual representation where both members of assemblies and the heads of local governments are directly elected by residents. This system ensures a separation of powers between the head and the assembly of the local government. In recent years, the local assembly is often opposed to the head and there is a friction between local assembly and head of local government. It is, therefore, being argued that we should reconsider the dual representative system. This paper takes such issues into account and examines the role of local assembly. Contehts 1 Introduction 2 Structure of the system of dual representation 3 Problems with the current system of dual representation 4 Reconsideration of the role of local assembly as a deliberative organ
  • 山田 朋生
    原稿種別: 本文
    2011 年 47 巻 2 号 p. 39-52
    発行日: 2011/05/15
    公開日: 2017/11/01
    ジャーナル フリー
    Incidents of crime arising from the use of online terminals are currently dealt with by applying existing laws to them, on a case by case basis, after the event. This system of responding to crime after it has occurred is, however, thought to be ineffective in dealing with an online community. I believes that it is important to establish a special framework of preventative laws and regulations in order to prevent the occurrence of crimes related to the use of media in the soon-to-come ubiquitous community. Such a step would be effective in preventing online crime. This paper takes into account the current regulatory status of online community and debates the need for the establishment of systems and laws specific to an advanced communication policy in preparation for an advanced information communication network society as envisaged by the government.
  • 日野 勝吾
    原稿種別: 本文
    2011 年 47 巻 2 号 p. 53-66
    発行日: 2011/05/15
    公開日: 2017/11/01
    ジャーナル フリー
    This study clarifies the realities of the Whistleblower Protection Act and examines a future image of the Act. Recently, a series of cases in which corporate misdeeds, which were injurious to consumer safety, such as the false labeling of food products, greatly undermined public trust, especially consumer trust. Many of these corporate misdeeds were brought to light through information provided by concerned parties within corporations. Based on these circumstances, the Whistleblower Protection Act came into force (in April, 2006) in order to protect whistleblowers, to ensure that workers will not suffer disadvantages, such as dismissal, for disclosing information in public interest, and in order to ensure that business enterprises comply with laws and regulations that concern the protection of human life and health as well as consumer interests. In addition, guidelines of procedures to be followed by administrative institutions when they receive reports of legal violation by companies from their employees or from outsiders have been established, as have guidelines for commercial business enterprises (both in July, 2005). The following are the major points of the Whistleblower Protection Act: (i) workers are protected from disadvantages, such as dismissal, for disclosing information in the interest of the public; (ii) information accepted from whistleblowers covers criminal and illegal acts in violation of the provisions of the laws that have a bearing on people's lives, bodies, and property; (iii) institutions to which information is reported are classified into "in-house bodies of corporations," "administrative institutions," and "other institutions outside corporations". Conditions for the protection of whistleblowers are set by each institution to which information is reported. Based on above, in this report, the range and the directionality of the expansion of the Whistleblower Protection Act were pointed out.
  • 楪 博行
    原稿種別: 本文
    2011 年 47 巻 2 号 p. 67-80
    発行日: 2011/05/15
    公開日: 2017/11/01
    ジャーナル フリー
    Food has been much regulated since the dawn of history. It being highly susceptible to adulteration and essential to life, government has acted to insure the ingredients of food. Common Law has also given civil cause of action for damages in relation to the sale of adulterated food. Food litigation is likely to be mass torts litigation because food has a great impact on our daily life. Mass torts litigation for damages has been criticized by many scholars and attorneys for over a decade because attorney fee in the United States is extremely high. Starting with concerns over genetically modified crops, this note focuses on the problems of contemporary obesity litigation for damages in the United States. Obesity litigation against fast-food chains exposes the following problems: causation of negligence tort is eased and class action certification is likely to be denied. The former shows class action is a procedural device and affects torts of substantive law. And the latter shows class action becomes much more difficult in dealing with mass torts claims for damages. This note concludes class action for damages is not a good way to redress obesity problems, suggesting remedy other than damages is a plausible way to deal with the obesity claim.
  • 徐 正樺
    原稿種別: 本文
    2011 年 47 巻 2 号 p. 81-92
    発行日: 2011/05/15
    公開日: 2017/11/01
    ジャーナル フリー
    After the war, the Taiwan Provincial Administrative Executive Office was established in Taiwan. The office set up the Taiwan Railway Administration Committee to take over the railway and its business operation. During this transfer of power, many Japanese employees were sent back home from their posts in the Taiwan Railway Administration Committee, plentiful Japanese Employees, and the vacancies were filled by Chinese technological bureaucrats, resulting in a high turnover of employees in the Taiwan Railway Administration Committee. The substitution of the Chinese administrative staff was not as successful as expected. Japanese technological officers were, therefore, retained during the initial stage of railway transportation and for transferring technology. In addition, employees from Okinawa who were retained are all classified as "Ryukyuan people" and distinguished from those who came from the Japanese mainland, the main reason for this being that the Ryukuan people were more conscious of Chinese traditions.
  • 和田 隆夫, 金川 めぐみ
    原稿種別: 本文
    2011 年 47 巻 2 号 p. 93-101
    発行日: 2011/05/15
    公開日: 2017/11/01
    ジャーナル フリー
    The symposium on the occasion of the 113-th meeting of the Japanese Association of Law and Political Sciences, presided upon by Takao Wada and Megumi Kanagawa, was held at the University of the Ryukyu on November 27, 2010 from 13:50 to 17:00. A panel of five made the following presentations: 1. A Study of the Desirable Legal System to Prevent Child Abuse from the Standpoint of Social Security Law by Kayo Kurata (Kumamoto University) 2. Legislative Response to Ill-treatment of the Aged and Problems of long term Care policy by Kotaro Wakino (Kyushu Kyoritsu University) 3. Legislative measures Against Spousal Violence and Its issues in Japan-A Comparison with French Legislative Measures Against Spousal Violence-by Machiko Kamio (Nihon University) 4. Legislative Response to the Abuse of Persons with Disabilities and Problems to be Solved by Wu Hongmin (Osaka University of Economics and Law) 5. Problems on Legal Policies Regarding the Prevention of Child Abuse, Elder Abuse, Spousal Violence and Ill-treatment of Persons with Disabilities in Japan by Yukihiro Masuda (Japan Women's University) After the presentations, the session was open for questions and answers.
  • 倉田 賀世
    原稿種別: 本文
    2011 年 47 巻 2 号 p. 102-118
    発行日: 2011/05/15
    公開日: 2017/11/01
    ジャーナル フリー
    The incidence of child abuse is increasing in Japan. Therefore, it's prevention is an matter of concern. This paper considers this problem from the standpoint of social security law. It is because long-term and comprehensive assistance is necessary for the persons involved in child maltreatment and because social security law can provide such assistance to the people. Thus, I focused on a risk. As a result of this study, it became clear that it is necessary to improve human resources and legal systems more than before. Furthermore, it also proved that coordination among different policies and a more positive participation by the family court are necessary. On the other hand, the opportunity of the public institution intervention in family affair is expanding in recent years. If it's final purpose is family reconsolidation, it is hard to say that such expansion is preferable. Two viewpoints of expansion and restraint are required to deal with child abuse problem. How we should coordinate these two viewpoints is a difficult task.
  • 脇野 幸太郎
    原稿種別: 本文
    2011 年 47 巻 2 号 p. 119-135
    発行日: 2011/05/15
    公開日: 2017/11/01
    ジャーナル フリー
    This paper deals with legislative response to ill-treatment of the aged and problems of long-term care policy. The act which deals with ill-treatment of the aged in Japan is the "Act on Prevention of Ill-treatment of the Aged and Support to Carers of the Aged". As its name shows, a characteristic of this act is to provide not only response to ill-treatment of the aged but support to carers. There is no precedent of legislation similar to this in other countries. This paper, at first, confirms a definition of ill-treatment of the aged in this act, and then, points out legislative response to ill-treatment of the aged and its problems. Finally, this paper examines the relation between ill-treatment of the aged and long-term care policy in Japan and presents some problems of the policy.
  • 神尾 真知子
    原稿種別: 本文
    2011 年 47 巻 2 号 p. 136-154
    発行日: 2011/05/15
    公開日: 2017/11/01
    ジャーナル フリー
    In 2001, the Act on the Prevention of Spousal Violence and the Protection of Victims was enacted to protect victims of spousal violence. The Act provides as follows. 1. Spousal Violence Counseling and Support Centers in each prefecture offer consultation, counseling, temporary protection for victims and accompanying family members, and various kinds of information. 2. In case where a victim who has been subjected to bodily harm or life-threatening intimidation by a spouse is highly likely to receive serious harm to life or body from renewed spousal violence, a protection order shall be issued to the abuser by a district court, subject to a written petition to the court. This paper researched the following five issues related to the Japanese measures against spousal violence. 1. What kind of violence should the Act target? 2. The Act differentiates between physical violence and other type of violence such as sexual violence and psychological violence in issuing the protection order. Is such a difference appropriate? 3. The Act provides that those who detect spousal violence (limited to cases of bodily harm by a spouse or former spouse) shall endeavor to notify the fact to a Spousal Violence Counseling and Support Center or a police officer. Is it appropriate that only physical violence should be notified? 4. Can the social role played by the Anti-Prostitution Law in the protection of women be used as the main tool in protecting victims of spousal violence too? 5. How does the social security law respond to the needs of victims of spousal violence?
  • 呉 紅敏
    原稿種別: 本文
    2011 年 47 巻 2 号 p. 155-170
    発行日: 2011/05/15
    公開日: 2017/11/01
    ジャーナル フリー
    There is still no general law to prevent the abuse of persons with disabilities in Japan. The current legal system includes a few preventative laws protecting those with disabilities from abuse. The Child Welfare Act and Child Abuse Prevention Law, for example, apply to children with disabilities, the Act on the Prevention of Spousal Violence and the Protection of Victims apply to spouses with disabilities and the Act on the Prevention of Elderly Abuse and Support for Attendants of Elderly Persons apply to elderly people with disabilities. The abuse of persons with disabilities in some welfare institutions is treated as a problems with the welfare institution's management and treatment of users of those welfare institutions. Taking the above into account, this paper examines the legislative response to the abuse of persons with disabilities and the problems to be resolved therein, and suggests a legislation for the preventing the abuse of persons with disabilities as well.
  • 増田 幸弘
    原稿種別: 本文
    2011 年 47 巻 2 号 p. 171-186
    発行日: 2011/05/15
    公開日: 2017/11/01
    ジャーナル フリー
    The purpose of this paper is to consider the legal policies regarding the prevention of abuse and violence in Japan. To this end, we have analyzed Japanese legislation on child abuse, elder abuse, spousal violence and ill-treatment of persons with disabilities. What I wish to show in this paper are three things. Firstly, it is necessary to reconsider the legal structure regarding the prevention of abuse and violence from the point of view of the relief for victims. Secondly, it is necessary to build a cross-departmental support system for victims, and to review the care proceedings. Thirdly, it is necessary to introduce a rehabilitation program for offenders. This paper summarizes the presentation made at the symposium "A Comprehensive Study of Act on the Prevention of Abuse and Violence" at University of the Ryukyus in November, 2010.
  • 原稿種別: 付録等
    2011 年 47 巻 2 号 p. A1-
    発行日: 2011/05/15
    公開日: 2017/11/01
    ジャーナル フリー
  • 原稿種別: 付録等
    2011 年 47 巻 2 号 p. A1-
    発行日: 2011/05/15
    公開日: 2017/11/01
    ジャーナル フリー
  • 原稿種別: 付録等
    2011 年 47 巻 2 号 p. A2-A3
    発行日: 2011/05/15
    公開日: 2017/11/01
    ジャーナル フリー
  • 原稿種別: 付録等
    2011 年 47 巻 2 号 p. A4-A5
    発行日: 2011/05/15
    公開日: 2017/11/01
    ジャーナル フリー
  • 原稿種別: 付録等
    2011 年 47 巻 2 号 p. A6-A7
    発行日: 2011/05/15
    公開日: 2017/11/01
    ジャーナル フリー
  • 原稿種別: 文献目録等
    2011 年 47 巻 2 号 p. A8-A22
    発行日: 2011/05/15
    公開日: 2017/11/01
    ジャーナル フリー
  • 原稿種別: 付録等
    2011 年 47 巻 2 号 p. App2-
    発行日: 2011/05/15
    公開日: 2017/11/01
    ジャーナル フリー
  • 原稿種別: 付録等
    2011 年 47 巻 2 号 p. App3-
    発行日: 2011/05/15
    公開日: 2017/11/01
    ジャーナル フリー
  • 原稿種別: 付録等
    2011 年 47 巻 2 号 p. App4-
    発行日: 2011/05/15
    公開日: 2017/11/01
    ジャーナル フリー
  • 原稿種別: 付録等
    2011 年 47 巻 2 号 p. App5-
    発行日: 2011/05/15
    公開日: 2017/11/01
    ジャーナル フリー
  • 原稿種別: 表紙
    2011 年 47 巻 2 号 p. Cover3-
    発行日: 2011/05/15
    公開日: 2017/11/01
    ジャーナル フリー
  • 原稿種別: 表紙
    2011 年 47 巻 2 号 p. Cover4-
    発行日: 2011/05/15
    公開日: 2017/11/01
    ジャーナル フリー
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