Dleto Shigehikaru  (1913~ )

Dleto Shigehikaru.1913Takahashi Okayama county (now born in Yamaguchi), his father Dleto Yasuo is a mountain pass local tribunal of the second examination.1935Years to the first results from the Tokyo Imperial University Faculty of law graduate, graduated from Mr. Noshi Ichiro, division,1936Year was promoted to Associate Professor Dong University Law department,1947Years promoted Professor Dong Da law department. The main social functions include: MR Dleto Shigehikaru concurrently (University of Tokyo law minister1963.4~1965.3), chairman of the Japan Association of penal law (1963.4~1975.5), International Association of penal law, the Supreme Court of general rulemaking Advisory Committee, justice of the Supreme Court (1974.10~1983.11), international society for social defence council. The restoration of Sino Japanese diplomatic relations, played two times for the Japanese Supreme Court access China, has contributed to the Sino Japanese friendship. A former East involvement (Gu Wenguan), the Imperial Household Agency participation, teaching for the Japanese royal criminal law course.[1] 1987Was awarded a grand cordon of the order of the rising sun xun,1991The Austria science and art as a cross,1995Was awarded the order of culture. Now Japan's chairman of the board, the Japanese criminal law consultant.

Dleto ShigehikaruThe criminal law is the oldest in Japan today, the most authoritative. In quite a long time, the view of Dle To's theory of criminal law theory, his theory has had a significant impact on the criminal legislation, criminal theory and judicial practice. He teach by precept and example, cultivateGao Tian, Fukuda Hira, Fujiki Hideo Thatcher, largeMoundRen, Naito, Itakura macro, Matsuo Hiroya, Atsumi Toyo, Tamiya HiroA large number of excellent criminal law.

In the postwar democracy, pacifism thought, Professor Dle To 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.

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 is turned to criminal law. From this point on his work also can see come out, his "Outline" in the new criminal procedure law1967No.7Version does not revised, now long out of print. While the "criminal law" until the general outline2000Years still introduced make-up version, this version now almost every year to reprint. In the criminal law, his most important academic achievement:

1Proposed in this paper. "Stereotypes" and "personal responsibility"

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, dangerous act, omission, negligence, the possibility of consciousness of illegality, attempted crime, accomplice, the crime research in the fields of the extremely profound influence.

And the responsibility of personality on absorptionMezgerBased 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 the theory of punishment, and later by the group of rattan student Otsuka Hito development to all the fields of criminal law, the formation of "the personality criminal law" in the academic circle, become an independent school. In the theoretical opposition fierce, rattan craft group, elaborate refutation, through the magnificent debate, gradually establish the academic reputation, lay a great position in academia.

2To act without value standpoint

Group Tengli and conduct without value (which is actually based on the results of no value on conduct without value dualism), and the results no value proposition (monism) against Hirano Ryuichi, formed two camps, confrontation has, in May will continue in future. 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.

3The abolition of the death penalty

Professor Dle To vigorously advocated the abolition of the death penalty, the idea seems to long-standing, but expressed after a Supreme Court judge. 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 professors vine judgment seat shocked, urged him to believe in the legitimacy of the abolition of the death penalty. His "of abolishing the death penalty"1991Years of first publication, to2000Years of10Between the years,6This second edition, 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 GermanAction state theoryThe introduction of Japanese scholars, established the "movement of the criminal procedure" thought. He put forwardThe criminal litigation process is divided into entity and procedures of both sides say "", is an important way of academic analysis on criminal procedure. Although, compared with Hirano Ryuichi and other radical scholar, criminal law theory of Professor Dle To is still withConservative color heavy authority principleBut regardless, authority or, the parties or, must take the protection of human rights is the ultimate goal, Professor Dle To always stand on human rights in criminal procedure law, not only by the scholars of the statue wearing, also get a lot of support of the people.

After years of research on the criminal law and the criminal procedure law, Dleto Shigehikaru gradually established himself as the most characteristic "subjectivity theory" and "theory of motion". As mentioned before, the groupMezgerInspired by the "moral responsibility" is put forward under the "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, therefore, people have "subjectivity". Because the person has this kind of "subjectivity", so people thought in the "dynamic", in order to adapt to the changes of the criminal law and the Criminal Procedure LawMust can change. In criminal law, probation, 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 "theory", criminal procedureThe program will depend on the parties to promote the mutual communication and interaction, in every subject of litigation, procedure form the hand, hand form the substantive results"The basic idea, establishes the two sides", which at that time Japan has just adopted the adversary proceedings under the background of the times, with the Enlightenment of historical significance.

Professor Dle To's reputation in the academic circles, also benefited from his good ability in organization and coordination. School dispute initially 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 dispute with radicalism and conservatism ideological struggle and the brand-name colleges, each kind of contradictory more sharp. In this case, the academic debate also inevitably bring emotional colouring, chaos and evolution for the approximate insults and personal attacks. So, at the end of World War II into50After the 1970s, Dleto Shigehikaru proposes to set up an academic organization, mutual exchanges, joint research to each school, 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 puts forward, should be reorganized in basic research of the establishment of criminal cases, 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, Professor Takigawa Yuki and Zuo Ren was with the predetermined served as the first president of the existence of a personal vendetta between because of history reason,[2] Professor Takigawa to start, "no one" on the grounds, refused to assist with Ren into criminal law society, Dleto Shigehikaru has done a lot of work, brokered between parties, finally persuaded Takigawa Yuki, Zuo Ren with the admission. Professor Dle To to coordinate the work of outstanding, has won widespread praise for him.