▲Professor Dleto Shigehikaru, this year 93 years old                                     

 

    Born in November 8, 1913 in Okayama County, sorghum, this year (2006) is a 93 year old Dleto Shigehikaru is the late famous criminal jurist professor Ono Shinichiro's chief disciple, 1935 in the first graduating achievements at the Tokyo Imperial University Faculty of law, University of Tokyo law school professor in 1947, 1974, the supreme court. The restoration of Sino Japanese diplomatic relations, played two times for the Japanese Supreme Court access Chinese, has contributed to the Sino Japanese friendship. Retired in 1983. A former East involvement (Gu Wenguan), the Imperial Household Agency participation, teaching for the Japanese royal criminal law course(the so-called "House book open instrument", in fact is a kind of ritual, to honor a lecture person). 1987 was a grand cordon of the order of the rising sun hoon, in 1995 won the order of culture. Now Japan's chairman of the board, the Japanese criminal law consultant.

    Group under the rattendoor talents like clouds, Professor Fukuda Hira Otsuka Hito, described below, Naito, Itakura macros etc, are all his students, in addition to criminal law, Professor Dle To also very much to have the achievement in jurisprudence and criminal procedure law, jurisprudence, blue sea from Ooki Masao, Professor Matsuo Hiroya, Atsumi Toyo, Tamiya Hiro, Inoue Masahito etc. the criminal procedure law, are now active in the knowledge domains of authority, they in the age of the students have the guidance of Professor team.

   

    Be beyond all doubt, Professor Dle To not only is the chief elder in Japanese criminal law scholars, in the law, the judiciary, but also come first on the list of Mount Taishan and the North Star. He inherited the mentor professor Ono Shinichiro's theory of criminal law, and according to the change in the postwar Japan's political and social situation, carry on improvement and development. Professor Onokazu was born in Samurai family, Buddhism in Chongxin, the ideology of criminal law is very conservative, with authoritarianism, totalitarianism and the strong feudal color (for example, in favor of a single moral responsibility theory, and to "only one" system is the highest moral principle), in the postwar democracy, pacifism thought, Dle To the professor is based on the protection of human rights, anti authoritarian stance, to lay the foundation of Japanese criminal law in the ideological basis of the teacher. If no delegation rattan this powerful transformation, Onokazu theory are likely due to not adapt to the new situation and put it away unheeded. It is because of their academic prestige apprentice two people for two generations, the professor Onokazu founded the system of criminal theory in Japan have a strong general position, today have few scholars can go beyond this system. In many practical problems, such as on the constitutive requirements, revised composition theory, causal relationship and so on, Onokazu, come down in one continuous line regiment rattan ideas, are the most orthodox view.
    Professor Dleto Shigehikaru and the criminal law and criminal procedure law, in his early, due to the involvement of the amendment of the criminal procedure law, he is mainly on the research of criminal procedure law established the academic status, but in later life, then turned to criminal law. From this point on his work also can see come out, after his "new criminal procedural law" the outline of the revised Seventh Edition in 1967 will no longer be revised, now long out of print. While the "criminal law" the outline of general until 2000 still introduced make-up version, this version now almost every year to reprint. In the criminal law, his most important academic achievement, is: (1) put forward the "shape" and "personal responsibility", (2) to act without value position, (3) advocated the abolition of the death penalty. Stereotypes, in view of the prewar judicature, claim to any conviction completely sealed, must emphasize the legal principle of crime and punishment, the boundaries in the form of strictly clear elements of form, interpretation, no substantive interpretation, forbidden to enlarge the scope of punishment, setting said throughout the criminal theory, in the elements, elements implement behavior, dangerous crime, not as the crime, criminal negligence, the possibility of consciousness of illegality, attempted crime, accomplice, the crime number in the fields of the extremely profound influence. And the responsibility of personality theory is in the absorption of the German criminal law scientist Metzger (Mezger) based on the theory of "moral responsibility", advocated the behavior person to form his own personality attitude can become the foundation of responsibility, show the incline to the new theory, start mission rattan professor's personality theory of liability limited liability theory and theory of punishment later, the students by Professor Dle To professor Otsuka Hito development to all the field of criminal law, the formation of "the personality criminal law" in the academic circle, become an independent school. In the theoretical opposition fierce, Professor Dle To presented the mettle, argue, through the magnificent debate, gradually establish the academic reputation, lay a great position in academia. Without the value theory of Professor Dle To advocating behavior (is actually based on the results of no value on conduct without value dualism), and the results no value proposition (monism) Professor Hirano Ryuichi contend, formed two camps confrontation, so far, in the future will still continue to persist. At present, the results of no value to occupy the dominant position in the theory circle, act without value governing practice, both sides is be well-matched in strength. Professor Dle To vigorously advocated the abolition of the death penalty, the idea seems to long-standing, but clearly express after serving as judges of the Supreme court. Reportedly, in the trial of a poison case in appeal, only indirect evidence, the investigation organ and there is no end to all the objects can be investigated, but the Supreme Court eventually decided to maintain a death sentence, trial, sentencing, the gallery has said "this is murder!" The professor group, rattan trial shocked, urged him to believe in the legitimacy of the abolition of the death penalty. His "of abolishing the death penalty" first published in 1991, 10 years to 2000, 6 reprint, is considered to be the spiritual pillar of the Japanese domestic abolition pie, a very great impact.
    Professor Dle To, the brilliant achievements in the field of criminal procedure also attract people's attention, he instead of Professor Ono Shinichiro in the amendment of the criminal procedure law, is the current criminal procedure law draft responsible person. In theory, the German lawsuit state theory into the Japanese academic circles, established the "movement of the criminal procedure" thought. He put the criminal process is divided into entity and procedure of the "two sides", is an important way of academic analysis on criminal procedure. Although, compared with Hirano Ryuichi and other radical scholar, conservative criminal law theory of Professor Dle To is still with a strong authority, but regardless of whether the adversary doctrine, or, must take the protection of human rights is the ultimate goal, Professor Dle To always adhere to the position on human rights in Criminal Litigation Law Research, not only by the scholar statue wearing, also get a lot of support of the people. According to the graduated from University of Tokyo, famous writer Yukio Mishima said, is a group of rattan let him feel the criminal procedure law.

   

 

   After years of research on the criminal law and the criminal procedure law, Professor Dleto Shigehikaru has established his most characteristic "subjectivity theory" and "theory of motion". As mentioned before, Professor Dle To is in Metzger "moral responsibility" under the inspiration of "personal responsibility", according to the comprehensive of determinism and non determinism of ideology, both side is quality and environment, also has its own autonomy to decide side, accordingly, people with the "subjectivity" (autonomy), it is because people have the "subjectivity", so people thought in the "dynamic", in order to adapt to the changes of people, criminal law and criminal procedure law must be able to change characteristics. In the criminal law, on parole, Indefinite Penalty (Japan "juvenile law" stipulates the Indefinite Penalty), is in order to adapt to changes criminal thought and set up corresponding system, is "the best example movement theory". According to the "movement" theory, the criminal procedure will depend on the parties concerned to promote the mutual communication and interaction, in every subject of litigation, procedure form the hand, hand form solid results, established the "basic view of both sides", which at that time Japan has just adopted the adversary procedure under the background of the era, with the ideological enlightenment of historical significance.

   Professor Dle To's reputation in the academic circles, also benefited from his good ability in organization and coordination. In the history of criminal law theory, appeared in the "school contend for", namely the classical school (old school) and modern school (New) heated debate and controversy, between the start, "school struggle" is in Germany, but soon spread to Japan, and the situation is more intense than Germany, coupled with the Japanese that specific social conditions, "the conflict of interests between school contend for" mixed with radicalism and conservatism ideological struggle and the brand-name colleges, various contradictory more sharp. In this case, the academic debate also inevitably bring emotional colouring, chaos and evolution for the approximate insults and personal attacks. Then, after the end of World War II, enter 50 age, Professor Dleto Shigehikaru proposed to set up an academic organization, promote mutual exchanges, joint research of various schools of thought, to avoid attack each other blindly. In fact, long before Japan is "study on criminal judicial precedent", but this study will be very close, few members, and the scope of the study is limited to the case law and practice, Professor Dle To proposed, should be reorganized based on criminal cases will, to form a more open and academic criminal law Society of japan. In the circumstances, many scholars to integrate in hostilities, is not easy, but these people belong to Professor Dle To elders. But under the group rattan Professor organization, criminal law society not only can be established, and growing, now has become an important academic positions in various criminal law, criminal law, Criminology and other related disciplines. In particular, began because of historical reason exists individual gratitude and grudges, between professor Takigawa Yuki and Zuo Ren was with the predetermined served as the first president, Professor Takigawa to "unchastity" on the grounds, refused to assist with Ren into criminal law society, Dleto Shigehikaru has done a lot of work in the party, between brokered, finally persuaded Takigawa Yuki, acceptance, with R. Professor Dle To to coordinate the work of outstanding, has won widespread praise for him.

   Professor Dleto Shigehikaru had two times to Chinese access, by a very high standard reception. According to Professor Dle To described in his memoirs, his 1984 second visit to Chinese, first to Shanghai, then go to Guilin, Chengdu, Xi'an, Luoyang, when he arrived in Beijing in September 30th, when the China 35 anniversary of the founding of the day before National Day, Professor Dle To was invited to Beijing, Premier Zhao Ziyang of the State Council at the time, at the National Day reception dinner, the next day also participated in the Tiananmen held a grand ceremony, which gave the regiment rattan professor left a deep impression. When in Beijing, do not forget our professor Dle To, a serious study of Chinese criminal legal system, but also to the Beijing first intermediate people's court in criminal trials. In the "criminal law" the outline of a general book, Professor Dle To try to use his "theory" to analyze the Chinese "execution system", he believed that although the death sentence with a reprieve with great uncertainty, but it is this uncertainty, given the system "movement", to the change of personality to the crime person's response, is of positive significance.

        A book, ", heart tour road" photos, left for Professor Dleto Shigehikaru, right China justice minister Zou Yu, taken in September 30, 1984 fourteenth Beijing hotel.

   Various achievements from Professor Dle To's point of view, he is a gifted highly intelligent people, particularly amazing is, he can skillfully use English, French, German, Italian, Spanish, Russian, Chinese, life learned seven foreign languages, if not gifted, flatly impossible. According to Professor Dle To described in his memoirs, English is learned from school, his English has been very good; after high school, he wants to learn classical Chinese, Japanese, Chinese is a special way, is to use "rebate", will adjust the word order of Chinese Japanese word order, plus related background knowledge, basically can read, Dle To professor of Chinese literature is very good, then further study of modern Chinese, but the Chinese phonetic complex, and Japanese is different, this point let he encountered great difficulties, Professor Dle To said in his memoirs, for Chinese newspaper, he generally can be read, but for talk in Chinese, only despair; after entering the University, because of the Rome law, and learned Latin, French and Latin, Italian, Spanish, win together; obtain a graduate student, because the choice of the criminal law, interest is transferred to Germany, began to learn German; later with the rise of the Soviet Union effects of enhanced, Russian culture in Japan, and for a long time to learn russian. Because the master a foreign language, Professor Dle To will launch an extensive contacts and exchanges, both in international, expand the influence. He went to Germany to visit Metzger, Weierceer, Bockmann, to visit Pound, Orfield USA is, Stassen, it will undoubtedly greatly expanded his vision and insight, has an important influence on his academic spirit and academic thoughts.
    I have seen in a network forum in Japan, some students of law professor Dle To humorously called "ballistic missile" (Japanese "elastic road" and "group rattan" homonym, read as "cancer U"), which not only brought ridicule and cordial, and also contain the meaning of fear, Professor Dle To is the oldest visible, but the young students are still very popular.
       

      Professor Dleto Shigehikaru as the representative:
      "Criminal law" and the agency theory outline, first published in 1957, 1990 third edition, 2000 third edition make-up version
      "On the outline of a literary society" criminal law first published in 1964, 1990 Third Edition

      "Criminal procedural law" the outline of a club 1943
      "The new criminal procedure law outline" and the agency first published in 1948, 1967 revised Seventh Edition
      "The lawsuit status and action" Hong Wen Tang in 1949
      "Staggered" criminal law and criminal procedure law in 1950 and Hong Wen Tang
      "Criminal law of modern expansion" Hong Wen Tang in 1948
      The "basic" jurisprudence Yuhikaku publishing, first published in 2001 Second Edition 2007 (introduction, according to Fei Ge website will publish)
      The practice of legal theory and legal practices of "Fei Ge in 1986
      "In a bar in engineering analysis, from the" space rock wave bookstore in 1986
      "The death penalty Fei check on" Fei Ge, first published in 1991 sixth edition 2000
       

      The two part essays:
      "Criminal law," Mr Ge 1967 Edition
      ", heart tour road" Fei Ge first published in 1986, 2001 completed version