Gong BenyingRepair  (1882~1944)

Miyamoto Youngxiu, the Meiji15Born in Ibaraki prefecture. He was born in general, Meiji38I graduated from Tokyo Imperial University Law University, two years later became the Tokyo District Court judge assistant, and later became the Tokyo District Court prosecutors. In three years in April as the Tokyo District Court minister, in August the same year was transferred to the Osaka District Court minister. In five years, Miyamoto in Tokyo Empire university teacherNakagawa KoutarouThe recommendation of Professor, associate professor in Kyoto Imperial University Law university. In eight years,Takigawa YukiChange in Kyoto Imperial University associate professor, Miyamoto is in the Taisho ten years after returning from abroad was promoted to professor. He andTakigawa YukiAlthough in general divided on many issues, has maintained a good relationship. Showa19In the spring, because of the war in the bad situation, Mr. Miyamoto suffering from cerebral hemorrhage died, at the age of61Years old.

In Japan, Miyamoto is known for andMakino EchiMaster both the subjectivism criminal law, evaluation as Saeki Chi, "is the most radical subjectivism criminal law theory, at the same time, is also the era of the leading ideology of criminal law"[1]. Miyamoto Youngxiu's subjective idea in the following two aspects: one is the criminal policy of subjectivism, the crime behavior as subjective danger and antisocial symptoms table, the subjective views and crime thoroughly standardized sign said that combination, establish a unique system of criminal law in the legal norms; two understanding, he insisted on subjective illegitimacy theory, the standard evaluation strict distinction and evaluation of punishment. Two segment type structure which not only in the ability of responsibility problems reflected, in deliberate/Negligence on the question of fully reflected.[2] He focuses on human behavior"To start", are proposed to be"Make the leap to the table", is a sign from ready to change is attempted, personal danger has.

1Subjectivism in crime theory

Mr Miyamoto claims,"All the principles of criminal law, the theory should be composed of subjectivism and description"[3](60Page). Forms of crime, is the penalty, generally by the penalty types of responsibility and illegal acts as sentencing reasons. (157Page) is essence of crime,"The offender violates norms of temperamental sign("152Page). Crime is on the one hand the interests of the law or the threat, but the understanding of law cannot leave laws to consider, then, the crime characteristic page only exists in the illegal. The so-called law, is to regulate the indifferent attitude, this attitude is showing behavior of human nature, it is the risk standard, the risk is also illegal. (163~164Page)

2Attempted crime theory

Mr. Miyamoto proposed, crime patterns on horizontal type, including attempted accomplished each stage, each type of accomplice type method, crime number (each type357Page). The phase types of crime patterns, including accomplished crime, attempted crime, preparatory crime, crime of conspiracy four specific forms, and each is an independent crime. (359Page) and attempted crime,"Is the start, development objective type of fact enrichment level not reached the accomplished offense cases("360Page). For the crime of meaning, he pointed out that it is necessary from the"Criminal intention table dynamic development and to what degree can the accomplished offense for the same punishment this point inspection("365Page),"The subjectivism criminal law theory, not the facts of the crime problem but the criminal personality. If we can standard that crime, theory on the justification of punishment("366Page).

And the same punishment because,"When the criminal intention of moving the table for development to the occasion, usually this process due to directly face the law and will be more or less affective disorders in the resistance, to overcome this obstacle, requires the criminal intention more into a layer of tension leap, but, this made out to leap, in complete crime on the trajectory dynamic mean table it is sufficient, began to implement such criminal intention is to complete the force of criminal intent. So, from subjectivism, once the prisoners were moved to such an extent, criminals no matter how can complete the crime, this is to give the same punishment reason("367Page).

3The purpose of punishment

Miyamoto starting from idealism, the criminal law theory contains rich humanistic care. This led him to reject the "social responsibility theory" and adopt the "normative responsibility", advocated subjective illegal theory, the above is reflected in the purpose of penalty is the education theory of punishment. He thinks that penalty is not the way of fighting but social harmony means, the basic principle of criminal law science competition, in the final analysis is the outlook on life and world view battle, and outstanding performance is the notion of punishment.

Miyamoto believed that to understand the purpose of penalty, realistic function must first comprehensive inspection system of punishment. The function of penalty, including the actual effect and the emotional effect. The actual effect, reaction is society for the crimes, as self protection method like instinct, the penalty is the social revolution of self-protection, but in the actual effect of social self protection conditions often helps to a certain effect(35~36Page), namely on crime prevention. WhileEmotional effect, including calm the victims and their families of revenge, display social outrage, the general feeling satisfied. Karma is nothing more than the feeling to meet the psychological fact.(37Page)

In the prevention effect of punishment, he negative general prevention and special prevention theory, advocated the doctrine. The reason is that, if the penalty to implement general preventive deterrent purposes, the effect is temporary and limited, severe if strengthen this demand will lead to the penalty, it is like for increased speed in the cylinder on the excess fuel will explode, the evil far exceeds the benefits. (47Page) and special prevention by improving and elimination, real value is"Reconciling ideal("55Page). Special prevention should be based on the specific penalty,"Through the dangerous character of criminals, causes to social threats, determine on his policy("59Page).

Miyamoto think,Penalty itself on antisocial behavior of actors have influence, this has nothing to do with the concept of retribution. The concept of retribution is the hidden idea of vengeance.The penalty is not help every victim revenge, but to protect society itself. Retribution concept of criminal law to meet the people's idea of vengeance, but do not maintain social stability. Especially to the development of civilization, retribution punishment concept is outdated. Therefore, for the offender should be reformed. The so-called "transformation", including the influence and enlightenment, the role is the psychological feelings of criminal law, influence from emotional investment. This is Miyamoto's "love the notion of punishment".