As everyone knows, was enacted in 1907 1908, the Japanese criminal law, before the actual drafting work more on this. The legislation was to do was rough guidelines, elements of fuzzy, punishment, punishment measures are also very backward, even the probation and parole, at a time when the world is already developing system are not specified. Thus, as early as in 1926, accompanied by the emperor Showa ascended the throne, let us also start anew the time, the province began to conduct a comprehensive amendment to criminal law, set up the amendment of Criminal Law Drafting Committee, formulated the "criminal law amendment" preliminary draft. But in 1940, affected by the war, the amendment of Criminal Law Drafting Committee was disbanded, the dissolution of the former, the Commission issued "interim" criminal law amendment bill, as the stage work to modify a summary of the past.

   After the war ended in 1947, according to the America occupation authority's instructions, the Japanese government is part of amendments to the criminal law, delete some political crime, in 1953 and again revised, is to increase the probation and protective observation system. However, the postwar Japanese society's political ideas and values have undergone changes in turn the world upside down, piecemeal changes obviously can't adapt to this change, so, the comprehensive revision of the criminal law was put on the agenda again. In 1961, Ministry of justice appointed famous criminologist Ono Shinichiro amendment to the president for special adviser, criminal law, began to test work comprehensive revision of criminal law. Under the auspices of the Onokazu, the amendment of criminal law to be promulgated in December 20, 1961 "criminal law amendment to draft".

   "Criminal law amendment to draft" submitted to the legal council, after 13 years of deliberation and revision, in May 29, 1974 formed the "criminal law" the draft amendment, submitted to the Minister of justice, for submission to congress. However, the "criminal law amendment" has failed to submit to Congress, until today, so the comprehensive revision of criminal law of Japan have so far failed to complete the. This is why?

   There are several reasons:

    A draft amendment to the penal code, "be congenitally deficient" itself

   The postwar Japanese criminal law to modify the social background of the new constitution, value conversion, however, "the draft amendment to the penal code" is by keeping conservative scholars prewar thought, developed based on pre war "criminal law" revised Interim case on, which obviously can not meet the needs of the new constitution and new values. As mentioned before, "criminal law amendment" who is Ono Shinichiro, Professor Onokazu although academic attainments deep, enough for a master, but political thought is very conservative stubborn, Onokazu organized a "Japanese Legal Studies" during the war, war clamor, after the war by the American occupation included in the militarists list, expelled from office, Faculty of University of Tokyo. The Tokyo trial period, Onokazu served as Class-A war criminals, and former director of the Navy Department of Military Affairs Bureau Oka Keijun defender, as gang Jing pure escape death out of the strong. So an ultra conservative scholars presided over the formulation of "the draft amendment to the penal code" is what the guiding ideology, also can know.

   "The conservative nature of the criminal law amendment", manifested in the following aspects:

   (a) security priority

   Mainly for the unreasonable expand the range of punishment, such as the main elements of the crime for a crackdown on the workers' movement and mass rallies have been expanded, also set up a preparatory crime. In addition, expand the distributing obscene charges and leakage of business secrets, to people's social freedom also caused great threat. Security measures system of new emphasis on security objective, dominated by state power, ignoring the rights of the parties, but also "the draft amendment to the penal code" the problem of social criticism.

   (two) heavy fines

   Japan 60, 70 years in the period of high economic growth, social development is more balanced, low crime rate, known as "the paradise in the western developed capitalist countries". In this social context, we should pursue the light punishment, however, "the draft amendment to the penal code" carried out a heavy fines. For example, a crime without dissolution of sin, for the pure participants also aggravated punishment. As another example, aggravated the obstruction of official duties crime penalty, but did not increase as reverse crime punishment of the crime of breach of privilege especially civil servants, provides many heavy duty crime, but rarely provisions to reduce crime, etc..

   (three) Ethics

   The strict distinction between law and ethics, this is the widely accepted principle. But "the draft amendment to the penal code" ignore this distinction, often violate the moral, ethics, customs and no specific legal interest infringement act provides for the crime, and sentenced to heavy penalties, such as distributing obscene instruments, non lead to occupation of gambling, negligence of bigamy, abortion, etc.. On value diversification during the last half of the twentieth Century, the individual ethics, morals, values imposed on the practice of others, is very outdated. Especially about abortion, Japan's "eugenic protection law" is actually the most abortion legalized, but "the draft amendment to the penal code" is still the general provisions of punishment of abortion, the old and stubborn remarkable.

    Two, "the draft amendment to the penal code" by all sectors of society to resist

   The basic guiding ideology of "the draft of the revised" criminal law have fallen behind the times, and with the new constitution has the contradiction, caused the social public criticism and resistance. The Ministry of justice secretary review officer Suzuki Yukio prosecutors had an article said, was the most let justice, feel that there are three aspects of power:

   (a) to "criminal law" as the pioneer of the scholars

   "Criminal law" is a famous criminologist Hirano Ryuichi launched against the "academic organizations, the draft of the revised" for the purpose of the criminal law. Hirano Ryuichi is a student of Ono Shinichiro, but because of its once travel American, therefore thought freedom radical, different from the Naishi. Hirano Ryuichi is considered as the review committee members in the legal system, because feel "criminal law" in the draft of the revised guidelines have been wrong, with other review committee members often dispute, he resigned as commissioner, organized a group of similar views of young scholars, established the "criminal law research", specifically to criticize "the draft amendment to the penal code" as its mission. Legal council members resigned in turn criticized legislation, which itself is a public event a very stunt, Hirano's approach, the influence is profound and subtle. "Criminal law" members included Nakayama Kenichi, Naito, Miyazawa Koichi, Suzuki Shigetsugu, Matsuo Hiroya, Nishihara Haruo, Uchida Wenaki, Sone Hiko, the young man at that time and later became a famous scholar of criminal law.

   Scholars oppose cannot directly affect the legislation, but still let the justice ministry is fear: first, the well-known scholars graduated or taught in schools, and the political and economic circles, judicial circles are mentoring relationships, its indirect influence should not be underestimated; second, the scholars by University platform and various social publicity campaign for the position, to criticize the "criminal law amendment", in the community formed against the criminal law modified atmosphere, Ministry of justice have presided over the revision work under pressure; third, "criminal law" published a series of works to "study" criminal law amendment led, these books are written by the famous artists, view sharp, pungent style, is often not only load one's pages with references, and close to the actual, academic influence is very far-reaching, "study" the amendment of criminal law is a book still is an academic reference.

   (two) by the Japanese Association of lawyers for the leadership of the group of lawyers

   There is a strange phenomenon in Japanese law, judges tend right (conservative), but the law normal many left leaning (radical), and presumably this law is free from occupation, political influence less reason for. Bent on the pursuit of freedom and rights of lawyers, certainly not in favor of the draft to pursue security doctrine, heavy fines, criminal law amendment "ethics". In addition to hold all kinds of research, promotional activities, the Japanese Association of lawyers also launched the Tokyo, Osaka, lawyer, direct and Ministry of Justice Bureau of criminal law to modify the criminal issues through negotiations. Because many members of Congress worked as a lawyer, and the lawyers have all kinds of connections with the contact, the bar association's opposition, legal nature is not to pay no heed.

   (three) to a psychiatrist for the main doctor group

   "Criminal law amendment draft" new security punishment system in a large part is for persons with mental disorders, but because of too much emphasis on the maintenance of law and order, rules of mental identification is very simple, rough, protection and observation measures did not respect the laws of science of mental health, which was the psychiatrist led doctors' groups oppose. In June 15, 1971, the sixty-eighth plenary session of the Japanese Institute of mental nerve, by against the new security measures system resolution. Due to the new security measures system is the "criminal law" amendment to criminal law amendment to the largest part, this should be the psychiatrist to implement the new system on the system itself against, can not let justice, look before you leap.

   It is worth mentioning that, against the criminal law to modify the motion after becoming a universal social movement, gradually tend to be non rational. Especially in the ideology of severe opposition of the 70's, social movements tend to evolve into a serious emotional struggle, in the criminal law revised on the issue, once formed against the comprehensive revision of agitation, so different opinions will be hostile to any. For example, Hirano Ryuichi is the earliest comprehensive revision against criminal law scholars, but also against the movement of the leader, chairman Hirano Ryuichi in 1978 criminal law society at the annual meeting, invited the justice ministry officials also attended the meeting, the intention is to listen to different opinions, provide a debate, as the two view exchange platform, however, this approach has some groups and the public misunderstanding, thought that the criminal law society began to close to the Ministry of justice, to support the amendment of criminal law, some activists organized a large number of people to the Criminal Law Society of demonstrations, and Hirano Ryuichi had to cancel the Kitakyushu meeting plan, instead of meeting in Tokyo Japan Academy (Japan Academy is the National Academy of Sciences, specifications of high office, the armed police guard, ordinary people are not allowed), can be seen at the time of fighting. In this context, Ministry of justice will inevitably be concerns, would not be against the world and persist in wilfully and arbitrarily.

    Three, the LDP factions differentiation, political decline

   The comprehensive revision of criminal law, is the Liberal Democratic Party has always been one of the ruling policy, and whether the prime minister and justice minister how to exchange, this work can be tens of years persevered. If the LDP forces strong, enough to control both houses of Congress, is entirely possible in spite of opposition, the "criminal law" on the draft amendment submitted to Congress to vote through. But in the 70's, because of the Liberal Democratic Party in power for a long time, lethargy and deep, Inner Party factionalism, contradictions, although from the outside, the LDP has both the house and Senate majorities, but because too many competing factions, to persuade the parties, unified action, is not easy. Thus served as justice minister are cautious on the draft of the revised "criminal law", has not submitted to the legislative process.

   After entering 80 age, Ministry of justice began to make some compromises, first proposed a "middle" and "report, published on the current policy of" criminal law amendment, absorb a part of opposition, cancelled a part of the new charges, modify some provisions of security punishment system, however, due to the guiding ideology and the overall framework there is no substantive change, these compromises and not let the opposition it. This law also and Japan Federation of bar held several exchange of opinions, but still too divided, and then.

   The Japanese criminal law with vigour and vitality of decades of overhaul, thus settle a matter by leaving it unsettled. Although the Ministry of justice officials claimed that only temporarily not to enter the legislative process, did not rule out the legislation will start when the time is ripe, but today, can be said that Japan "the draft amendment to the penal code" has become the historical documents, the Japanese criminal law overhaul has become history. In twenty-first Century the society has to turn the world upside down, even to the comprehensive revision, must also set up a separate kitchen, instead of using the "criminal law" the revision draft.

   In addition, although the Japanese criminal law the comprehensive revision of failed, but this does not mean that decades of Japanese criminal law without any modification, on the contrary, Japan has been in accordance with the social changes are some amendment to criminal law, the increase in computer crime, credit cards for example crime, aggravated the term freedom penalty limit, aggravated part of felony the legal punishment of criminal law, expressions are colloquial rewriting, etc.. However, due to the lack of a comprehensive revision, the basic framework of criminal law has not changed, so now we see the Japanese criminal law will have a very simple sense, many charges should not (because the criminal law which not only in administrative law, the provisions in the relevant, become affiliated criminal law), this also no wonder, after all it is a 1907 law.