Professor Fukuda Hira and Professor Otsuka Hito was born in the same year (Futian slightly long months), the same year was admitted to University of Tokyo in Dleto Shigehikaru (then associate professor) learning, study under the door, Shendu, although two people later does not work in the same place, but keep the friendship for decades.1993For years, he's two professors to celebrate, scholars published jointly seventy congratulate papers "comprehensive review of criminal law for them" (Yuhikaku publishing,1993). In addition, two people also co wrote "notes", "general provisions of criminal law about the general provisions of criminal law", "criminal law case" and other books, can be regarded as the Onokazu group. A the most orthodox academic inheritance.

Fukuda flat,1923Born in tokyo,1947He graduated from the law department of University of Tokyo, then as a special training was born in Dleto Shigehikaru under the door of learning.1950Vice professor of Kobe University,1958Years served as a professor at Kobe University,1962In the "illegal" error of law degree from University of Tokyo,1964Years after the former Minister of Ministry of education, literature professor at Tokyo University Professor, Faculty of law, Hitotsubashi University School of law,1987As professor of Law Department of Tokai University.

Professor Fukuda Hira comprehensively inherited Dleto Shigehikaru's academic system, but this inheritance is not a simple repetition, the most concern in the academic circle, is to take the objective behavior theory in behavior theory, and developed into the general provisions of criminal law throughObjective doctrine(FinalismusThe position). Originally, the personality and behavior of Dleto Shigehikaru and objective behaviors of German theory has deep roots,[1] Therefore, the delegation rattendoorFukuda Hira, DaMoundRen, NaitoAll show the objective behavior of intimacy. But,BigMoundRenOn the objective behavior is ultimately become personality behavior theory, and then a comprehensive expansion for the personality criminal law, can be said to have and objective behavior theory part company each going his own way, on a road; andNaitoIt mainly studiesWelzelThe objective behavior theory, the nature of its perspective with the history of the theory, Naito in his books and no clear the objective behavior theory, therefore, in the group under the East High School rattendoor,Fukuda HiraIs the objective behavior on the most powerful advocate, and synthesizer.

Objective behavior theory is a product of the German Neo Kantian theory of criminal law, the earliest outWelzel. In Japan, following the theory, first of allKimura Rji, flat field Anzhi, Inoue MasaharuAnd so on, but the flat field Anzhi and Inoue Masaharu just introduced the objective behavior of Germany, which was not brought into the theoretical system of their own, and Kimura Rji is from the subjectivism criminal theory perspective to understand the objective behavior, its conclusion is not what most people agree. The wooden village turtle after two, the objectivism camp in the tree objective behavior theory banner, is Professor Fukuda Hira. Under the professor Fukuda efforts, theory in today's young Japanese criminal law scholars also won a space for one person to act, for exampleHashimoto Masahiro, Ida RyoAnd so on, are strong supporters of the objective behavior theory.

The main point of objective behavior theory is opposed to the meaning of the contents out of action, that purpose is the essence of human behavior in the presence of the. According to the objective behavior theory, people always predetermined objectives and selection can achieve this goal means, and then using the selection tool, toward the goal direction, this purpose is the essence of behavior. Theory to explain the intentional behavior is very persuasive objective behavior, because the intentional act contains obvious purpose, meaning the essence content understanding of purpose for intentional acts, has sufficient basis. However, when interpreting the negligent act and omission, there are difficulties. In this regard, Professor Fukuda Hira presented a solution: for negligence, Professor Fukuda Hira think, there are objective negligence crime behavior, for example, the nurse to patient due to negligence injection of an overdose, resulting in the death of the patient, the nurse is not the purpose of killing, but injection of purpose, death is the result of accident, but it is caused by the objective injection results, therefore, although the causal process is blind, but the goal is clear; for the omission, Professor Fukuda scheme is imported into the "state" (Verhalten) concept, which is included as and not as an upper concept, thus the omission as included in the same category.

Otsuka Hito.1923Born in Gunma potential multi County GUI Xuancun,1949He graduated from the law department of University of Tokyo, he graduated from Law Department of University of Tokyo teaching assistant, by the guidance of Professor Dleto Shigehikaru.1952Vice professor of the Nagoya University School of law,1959Years of Law Department of Nagoya University Professor, after the law minister.1962Years to "study" a law degree from University of Tokyo in the indirect principal criminal law society of Japan ", and won the Kusano prize".1987As the professor, Aichi University law,1989Professor of law, Aichi University years, is now a professor emeritus at the Nagoya University.

Professor Otsuka Hito from Dleto Shigehikaru, won the true, and faithfully inherited the mentor of criminal law theory and the main points of view. One of the most important, the largest part of the impact, is "the personality criminal law" the overall construction.

The personality criminal law, is on Dleto Shigehikaru advocated "the personality behavior theory" and "personal responsibility" of the development and expansion of the. Prior to this, Dleto ShigehikaruMezgerInspired by the "moral responsibility", the "personality" concept into the criminal law, but only limited to behavior (behavior) and responsibility (liability). But Otsuka Hito was not satisfied with the concept of personality function due to limited behavior theory and the theory of liability, he very early before studying at the University of Tokyo, wrote the "personality" is a conception of criminal responsibility, came up with the original idea of personality criminal law. At present, the personality criminal law field theory, theory of liability except traditional behavior, also includes the behavior theory, the field on the constitutive requirements, illegal, crime number theory, theory of punishment, almost throughout the general provisions of criminal law, as the base of the system of criminal law. Although the academic circle of criminal law in Japan today, the personality criminal law can not be called the mainstream, but, in the field of each theory advocates the personality criminal law, are the important issues related to research the unavoidable.

The personality criminal law, is the first in human behavior theory, ordinary people will act as to within certain limits to make autonomous decisions, while the decision is subject to inherent quality control and acquired the meaning of the constraints of the environment, to a certain extent is determined by the quality and the environment, but specific to certain the social scene, but can not rule out the possibility of people with own behavior, thus paving the way for claims on relative freedom. Personality behavior theory, is modelled on theWelzelPoint of view, using the Freud (FreudThe mental analysis method), from a psychological point of view to grasp the personality, namely, the person's character is divided into three levels deep, personality and self center, one of the "self center" refers to the deep impulse control, and the significance and value to controlling the central impulses, man although it does not have to mean impulse content of the general meaning, but can control the activity of self central to understand its meaning, therefore, can acknowledge relative (narrow) free meaning. This relative freedom theory, embodies the fusion of new and old factions and coordination. By now the point of view, the theory of personality behavior may not contain too many new ideas, but in20Century50In this theory, can be said to have a groundbreaking historical significance.

Equilibrium thought foundation based on the theory of personality behavior, can be further derived the personality theory of liability. In that time of criminal responsibility, consider the one hand free meaning, consider the standard, but also should pay attention to behavior person meaning formation process, attention in action behind the personality. Metzger had made "environment less responsibility, character enhanced obligations" formula, derived from "moral responsibility", aims to explain the basis of recidivism aggravated punishment. LaterBeukelmanOn the basis of further claims "life decision responsibility theory", that the legal requirements of the people, if people do not abide by the law of the basic requirements, but decided to his life to the development of evil in life direction, formed a very bad personality, this personality dominated by the implementation of the harmful behavior, is the on the basis of the criminal responsibility. Otsuka Professor personality criminal law in CriticismMezgerAndBeukelmanOn the basis of the views of Dleto Shigehikaru, the responsibility is divided into two levels, namely the behavioral liability and responsibility of personality formation. Behavior responsibility, refers to the behavior of human subjectivity (independent decisive) to grasp the reality of human behavior on the basis of criticism to. Responsibility of personality formation, refers to a process by analyzing the behavior of human personality, in order to determine the level of responsibility. They are strictly distinguished in concept, but with one in reality, organic unity of the two, is the responsibility of personality.

Otsuka, advocated the "personal responsibility", is a generalized conception of responsibility, not only refers to as the component parts of crime "liability" in the "responsibility", therefore, "the responsibility of personality" includes all evaluation on criminal behavior, but the conviction theory, is also the quantity of torture and execution theory. So, the responsibility of personality theory constitutes the foundation of the whole criminal jurisprudence of personality, the personality criminal law of other important concepts are derived from the responsibility of personality. The basic logic of the personality criminal law is:

The behavior of human personality (relative freedom of will), the responsibility of personality, personality and behavior, elements (illegal + responsibility theory of types), law (act without value, the illegal), attempted (discontinued criminal liability reduced said), the number of crimes (including one crime personality attitude standard), penalty

Professor Otsuka Hito as Mr Dleto Shigehikaru's favourite pupil, in Japanese academic circles has a high status and prestige. After the Second World War, with theHirano RyuichiRise, the result has no value had swept through the criminal law scholars, at that time is the formation period of Otsuka professor's academic thoughts, and not to "shake Otsuka professor of fashion", adhere to their own academic ambitions, fighting in the conduct without value[2] The forefront, has long been an important pillar of conduct without value camp. At present, in theory, no theory of value and the result has no value generally go halves on a fifty-fifty basis, without the value theory in judicial practice is to occupy the mainstream dominance behavior. Thus, the Japanese judicial examination candidates who always likes to choose professor Otsuka Hito "criminal law" as a reference book. Professor Otsuka Hito has inherited the mentor of Dleto Shigehikaru style, elegant and smooth, often with the words, in this sense, it is also the "classical" school. Some people even said, now many criminal law scholars writing by English and German grammar, write out the words "tragic", only to see clusters of rattan, Otsuka's book, was the criminal law can use fluent Japanese to express. "Criminal law" Otsuka professor of book although rarely revised,[3] Has been popular for a long time, very still, for good reason.

Professor Otsuka Hito also inherited to maintain communication and contact Dleto Shigehikaru and Chinese academic tradition, many times to give lectures, visits Chinese. "Criminal law" Otsuka Professor Introduction (Third Edition) general (Yuhikaku publishing,1997) and the (Yuhikaku publishing,1996) also has been translated into Chinese published in China (translated by Feng Jun, Renmin University of China press,2003). The west, Tang soil, provide a lot of information and clues Chinese criminal theory relative occlusion, and lack of knowledge accumulation and academic tradition, profound influence on criminal law theory will Chinese generation influence character by environment. In the Sino Japanese relations extremely complex contemporary, Otsuka professors on the academic exchange between China and Japan in passion, beyond the research and education, has a special meaning, worthy of Chinese science people admire.