Maeda Masahide.You forms or better from San),1949Born in tokyo.1968Years admission law department of University of Tokyo, tutorHirano RyuichiHello, sir.1975Year transferred to the Tokyo Metropolitan University School of law associate professor,1988Years promoted professor. He is the youngest of Japanese criminal law scholars, the achievements of the school. He is good at analyzing the problem, find out the focus of the debate, focusing on the analysis of various theories of rationality and existing problems, draw a more comprehensive conclusions. He is the objectivism in criminal theory problem, is the purpose theory of punishment in the penalty on the problem, is a utilitarian in dealing with specific issues. In the Japanese criminal law scholars in the young group, Maeda's most respected and worshipped, obtained the highest evaluation.

Maeda MasahideUrged that no value of illegality and objective results, so he is discussing results in action before. He believes in the implementation behavior, the results, in the causal relationship, the results are the most important elements.

1 The main characteristics of Maeda Masahide's theory of criminal law

(1) material theory of crime.

Maeda as confkrmity of constitutive elements of judgment, with "selectionWorthy of punishmentThe law profit violation behavior function ", in other words, with elements of the act is punishable illegality. He opposed metaphysics, to explain the elements of form. According to Maeda's point of view, the criminal law is the code of conduct, but should be more for the referee to judge the regulated objects, which is nothing more than to import substantial penalty judgment standard, therefore, principle of strict interpretation of the legal principle of crime and punishment in criminal law the principle of explicit or not important, should start from the necessity of punishment and reasonable position, substantive interpretation of criminal laws and regulations or elements.[1]

(2) theory rooted in the national consciousness.

Qian Tian think, only to regulate the national awareness of media, in order to achieve the purpose of the penalty crime prevention, and the idea will implement specific interpretation. Before the criminal law field, non to national standard consciousness as the basis, even in the investigation of intentional responsibility, view must also be placed on the "general human reference". Therefore, understanding the intention is "enough to arouse the general consciousness of illegality understanding of truth", which makes the statutory coincidence boundaries, excessive imaginary defense and other issues have been settled satisfactorily.

(3) focus on the reality of law applicable to the interpretation of the.

The criminal law theory of fields is considered explicitly recognize the importance of the case theory, criminal law itself and no practical significance in real society, only through the indirect effect in judicial practice on social impact. Therefore, criminal law should be is the case according to the law, to adapt to the practical application of expansion on interpretation. For all the problems of Maeda analysis are applicable conclusions on the effect of the various theories of criminal law, pay attention to positive or negative influence.[2]

(4Based on the national conditions of Japan) in the science of criminal law.

Maeda's criminal law based on the national conditions of Japan, and Japan's criminal legislation and judicial tradition according to the criminal law theory, opposed blindly imitate, accept the theory of criminal law in Western europe. Such as a copy of the document, the German criminal theory and judicial practice in a negative attitude, many Japanese scholars including Hirano Ryuichi also accepted this view, but Maeda from the copy in the Japanese national credit, certainly also document copy. Moreover Germany Criminal Law "illegal all mean" is the subjective of crime of property, many Japanese scholars accept this idea, but Maeda think Japanese criminal law does not require "illegal all meanings", so we need careful handling.[3]

2 The basic idea of criminal law theory of Maeda Masahide

(1Since the Meiji Reform) advocated abandoning imitate western criminal law practice, according to the oriental traditional establishment of Japanese criminal law theory, especially the accumulation of Japanese judicial practice should sum up experience long time, come to the conclusion that the agreed conclusions.

(2The judge) that in specific cases, to become the "people's voice" for true democracy, criminal justice. Therefore, to understand and adhere to the principle of legality from the essence, if only from the formal interpretation of representative national will Congress enacted criminal law, is not a true democracy of criminal justice.

(3In order to prevent crime effect) admitted to people's lives improve penalty system, claim intent penal theory; at the same time that "retribution", as the delineation of penalty limit reference is necessary, "the baby" is the purpose of penalty requirements; hand in sufficient and necessary limit at the Department of internal medicine of general prevention and criminal penalty realization in the society of, on the other hand, should be in the range of phase equilibrium and crime of the Department of internal medicine at the penalty.

(4) forms of crime criticizing Dleto Shigehikaru, Otsuka Hito's theory, and that the essence of crime. Think that the principle of legality form is not sufficient, confkrmity of constitutive elements to judge, is essentially decides whether there is punished to against the interests of the law; the judgment of illegality, must also be substantial judgment with superior interests as the center; responsibility must be substantial rebuke probability rooted in national standard consciousness.[4]