The contemporary Japanese criminal jurists of the six: Hirano Ryuichi
Created:
/Author:
Aaron Lewis
Hirano Ryuichi.1920Born in Xiongben, his fatherHirano KamotoThe County Council, the mayor of Xiongben, his fellowShiura KuigoPolitics and eventually served as prime minister.In this under the influence, Hirano Ryuichi1938Year to the University of Tokyo School of law,1957Since criminal law professor at University of Tokyo,1962Obtained law degree from University of Tokyo (dissertation "Criminal Procedure Law"),1981Years4January1985Served as president of University of Tokyo.Once held the post of director of Institute of Japanese criminal law.As Mr. Hirano was impressive performance and high reputation,1988Selected members of the Japan academy,1993The "hoon, Rainbow chapter",1999The "cultural contributor".His students,Matsuo Hiroya, Horiuchi Mi, Ding, Nishida Norino, Maeda Masahide, ye Shuo LinStemMan, Yamaguchi Atsu, Saeki HitoshiAnd so on, are representative of today's Japanese criminal law.2004Years7Month16Day,Mr. HiranoDied in tokyo.
Mr. Hirano sharp thinking, analyze the problem carefully, logical constitute the perfect generalization ability, amazing.He not only in the areas of criminal law made a comprehensive research on many issues, and even the "conclusion" made out of the ordinary and words to see the principle insights.
Hirano Ryuichi during the attending doctor, coinciding with the Ono Shinichiro Beidong large removed, so Hirano Ryuichi turned to foreign America, accepted the Anglo American liberalism, pragmatism, the sociological jurisprudence, criminal policy theory, after returning to set forth a totally different argument in many of the traditional criminal law theory, and criticized the Japanese criminal law does not pay attention to social practice problems.In the amendment of criminal law issues, as opposed to the security measures and severe penalty doctrine, Hirano Ryuichi and teacher Ono Shinichiro made repeated arguments, and combined with the powerful allies in political circles, the final stop of the criminal law amendment draft through.In the essence of illegality, Hirano Ryuichi initiated the consequence without value monism, and Dleto Shigehikaru advocated the behavior of no value on the outbreak of the fierce debate, the debate is expanded by the essence of illegality to the general provisions of criminal law, conduct without value and consequence without value debate continues today, profound influence.
The basic features of Hirano Ryuichi's theory of criminal law, the content of the:
1Individualism, liberalism) based on the position, against nationalism, interventionism.
2Based on the position of law) experience, focusing on the function and task of the criminal law.
3The objectivism standpoint) strict in criminal theory, object subjectivism and various.
4To suppress the punishment) position in the theory of punishment, retribution against.