This paper is the report on conditioning factors of Japanese students' sensibility to the Constitution based on the data collected from an attitude survey of the author's students at Saga University and Nagasaki Junior College of Shipbuilding. The results are: -
1. Even in the beginning of college life, that is, before their learning of the Constitution, the students show more or less sensibility to the Constitution though they are blunter than the average students in all over Japan especially in Tokyo. Causes of this fact are supposedly due mainly to mass communication, which may be fraudulent by the control of the ruling class, and other factors including family situation, school educatlon, particular characteristics of locality. The latter group of the factors includes feudalistic climate of local villages which has vital influences upon sensibility to the Tenno system, experience of poverty upon that to rights of existence residence in a strategic area of Kyushu, which lies near Korea and holds two U. S. millitary bases, upon that to unconstitutionality of their establishment in Japan, frequent disasters and financial difficulties in those areas upon that to the Self-defense Forces, which may give their service free to relieve disasters, and so on. 2. The learning of natural science as well as the Constitution and social sciences makes students more sensible to the Constitution. This shows that reasonable knowledge of scientific thinking is effective in improving the sensibility. 3. Student movement are another remarkable conditioning factor of the sensibility, judging from the fact that those, who have experienced anti-U. S.-Japan Security Treaty demonstration and participated in the counter action to the bill of the University Management Law, have sharper sensibility to constitutional human rights and renunciation of war. 4. Class interests have somthing to do with sensibility to the Constitution, since they are understood as influential factors on the fact that some of the students of Nagasaki Junior Colledge of Shipbuilding are more sensible to the Constitution even before the learning of the Constitution than others who have already got acquainted with the constitutional principles.
Thus the author concludes that reasonable knowledge of scientific thinking and the student movements against unconstitutional policy set forth by the goverment are the most influencial among factors conditioning sensibility to the Constitution and that converses are also true.

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In modern society, state authority increasingly expands power on the grounds of “improvement of people's welfare.” This trend is also revealed in the sphere of criminal law.
In the sphere of criminal law, theory of the welfare state rationalizes security measures. One defender of the theory assessing between personal rights and social demands for public seculity and another defender evaluating them on the grounds of the necessity for the security of civil life, both deem them favorable. In the process of amending the criminal law in Japan, security measures are considerd on the basis of their rationality, results, and the social welfare thought.
The classical civil criminal law rejected security measures. In present days criminal law involves the dangers of infringing on human rights and political abuses. Security measures are applied particularly to criminals subjective and emotional jeoparday rather than to his objective jeoparday. These abuses are typically shown in precautionary measures of the Public Order Acts in prewar Japan and also in the Nazis' concentration camps. In the process of amending the criminal law, therapeutic measures and habit remedy measures tend to be adopted, but the essentials are not always clear. Indeed, there is an opinion that therapeutic measures should be applied to psychopathic personality types. However, since the concept of psychopathy is not clearly established, there is danger that ideological evaluation could easily intervene. In fact, considerable numbers of democrats and socialists were consigned to oblivion in the past by being branded as “psychopaths.” Another ambiguous concept is revealed in indeterminate sentences upon habitual criminals. Moreover, since poor medical administration is quite bad for the name of the welfare state, there is a great possibility with regard to security measures that the preservation of public security may precede medical treatment and education for criminals.
The Juvenile Law in principle gives priority to educational treatment under the concept of “parens patriae” of the welfare state. In fact, however, educational treatment is neglected because of poor conditions in human and material service, and instead the public security is stressed. The Japanese Ministry of Justice is working out a scheme for amending the Juvenile Law, pursuing a policy to further restrain juveniles. Though this policy emphasizes for its reason the increasing and worsening tendency of juvenile crimes, it shuts its eyes to social causes for those crimes. It must be added that this amendment will play an important part in the “policy of educating people.”
police intervention into citizen's lives has become a serious problem since the revision of the U. S.-Japanese Security Treaty in 1960. The state has always stressed its role as a protector of citizens, and has especially advocated the “elimination of violence.” In effect, however, the policy of “elimination of violence” is mainly directed against the exercise of fundamental human rights. People's objections make it quite difficult to establish or apply an act designed for political restraint. It is also true that the government has expanded the security organization including the Self Defense Force. Indeed, there is a trend that the government may propose a new bill, preparing for the year 1970, the time for re-examining the U. S.-Japanese Security Treaty. This trend is closely related to the enlargement of state crimes and public crimes in the process of amending the criminal law. Thus, the enlargement of the “security criminal law” is a product among the ruling class of the consciousness of a critical situation. Yet, the ruling class explains that these actions are necessary for protecting the “democratic state and the welfare state” as they call it.

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