The postwar Japanese criminal law school pedigree and mentoring relationship map

   In recent years, the theory of criminal law of Japan's large was introduced to Chinese, impact is extremely far-reaching. Many Japanese criminal law scholars name also gradually Chinese criminal law scholars are familiar with. Study of criminal law, again how poor, probably will know that Ono Shinichiro, Dleto Shigehikaru, Hirano Ryuichi, Nishihara Haruo, Ootani Mi, Otsuka Ren name. However, these people actually doing what? How the relationship between them? I'm afraid most people confused.

   For example, Ono Shinichiro, his masterpiece "the constitution of crime theory" although only the first chapter was translated into Chinese, but in Chinese is very famous, influence. But few people realized that Ono Shinichiro's thought is the conservative right-wing (whirring, fortunately not extreme right-wing), he wrote a book "Japan legal consciousness expansion" during World War II, beautify the Japanese aggression, the war of aggression in Japan said that Japan should liberate the people around Asia from Western colonial rule, is the Eastern culture and the western culture clash, is Japan's "compassion" and "vision", etc.. To this end, Ono Shinichiro was America occupation authority in the militarists list at the end of the war, and expelled from the government (the Onokazu transformation for the lawyers to provide convenient, blessing? Disaster?). In the Tokyo International Military Court, Ono Shinichiro served as a naval leader Gang to pure advocate, also can see he is right camp. As for the Buddhist thought deep implication Onokazu in the criminal jurisprudence far, due to the absence of his works Chinese versions, know that fewer people.

   Again, very few people know Takigawa Yuki in 1933 was about Marx's theory of class struggle by the Japanese education authorities expelled from office, sparked violent protests in educational field, although the protests were suppressed, but then education minister Yukio Lang, attorney general Lin Lai Byrnes, Kyoto University President Onishi Shigeno are affected by this event involved and turnover. In this event, Takigawa Yuki and Saeki Chi also had some holidays, Saeki Chi was supporting Takigawa Yuki, and many teachers to the school and the Kyoto University have resigned in protest, but in Onishi Shigeno's resignation, the school made a compromise, then, split in the resignation of the teachers, some teachers to accept the compromise, withdrew his resignation, which is accompanied with high. Therefore, Takigawa Yuki to Saeki Chi's "betrayal" very dissatisfied, repeatedly and publicly criticized Saeki Chi "without chastity". After the war, Takigawa Yuki as anti war fighter won the high honor, and served as president of Kyoto University, after he took office with the accused, Ren works contain nationalist content, with the Zuo Ren expelled from office. Later, the Japanese Criminal Law Society elected Takigawa Yuki as the first president, but Takigawa Yuki claims that, if Saeki Chi joined the society, he was rejected as chairman, and later in Dleto Shigehikaru under the coordination, Takigawa Yuki reluctantly accepted Zuo Boqian ren. These sob things are to happen in the last century ideology in sharp opposition under the historical background, but the understanding of these historical facts, to our understanding of the overall appearance of the Japanese criminal law may be somewhat help. Mencius not said: "reading his book, not the person, may?"

   The above chart, is Professor Maeda Masahide "theory and practice of criminal law in a negligent crime: a theory" proposed in the paper (online to find the PDF files, source unknown). Solid lines represent with teacher-student relationship; dashed lines indicate no relationship between teachers and students, but has the ideological successor relationship.

    A, University of Tokyo (Modern School)

   Makino Echi is the new criminal law of Japan (Modern School) leader theory. Kimura Rji is the student, Kimura Rji in the theory of crime has been to objectivism (classical) tilt of the trend, but overall still belongs to the new theory. Unfortunately, Kimura Rji in the sixty's when school dispute is blazing died, this becomes the new criminal law in an important opportunity for Japan to decline rapidly. Kimura Rji's academic is the successor to Abe Juji, but Abe Juji inherited mainly new elements of Kimura's theory, the new color has faded. The student of Abe Juji Kawabata Hiroshi, is entirely to objectivism, has been included in the old camp.

    Two, University of Tokyo (classical)

   A record of the Ono Shinichiro years less than Makino Echi, in the undergraduate period had heard Makino Echi lecture (Onokazu admits that Makino is the teacher), but Ono Shinichiro is with Makino Echi opposition leader of the old school, theory, two professors to debate and write flowery paper cast three, forty of Japan's criminal law's brilliant.

   Ono Shinichiro has two disciple, come first on the list is Dleto Shigehikaru. Dleto Shigehikaru has long presided over the criminal law forum at University of Tokyo, also served as a judge of the Supreme Court, the high reputation, is still the authority, the Japanese law, it has inherited the Ono Shinichiro in the theory of criminal law more enlightened parts (such as elements of complicity, subordinate theory etc.), rejected the conservative color thick part (such as that the law is the political, legal norm is the highest moral, moral is his one system etc.), creating a new situation in the postwar Japanese criminal law.

   Ono Shinichiro is another important disciple of Hirano Ryuichi, but Hirano Ryuichi during the attending doctor, when Onokazu Shinichi Ro 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, 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 his teacher Ono Shinichi Lang was 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, now many criminal textbooks are very attention to show that he is no results no value or value version, version, or version of integration of both, is indeed profound influence.

   A Dleto Shigehikaru peace yelong each cultivate a batch of excellent academic heirs. A student of Dleto Shigehikaru, the most famous are the Futian Ping, Otsuka Hito, Kagawa Dao, Fujiki Hideo, Naito, Sakura Hiroshi, Qian Mu to small male, Hirakawa Sonobu. These scholars, in addition to Naito in the illegality tend to be outside the valueless result, each inherited the Onokazu Orchestra rattan this criminal law tradition. Otsuka Hito's student Sakuma repair, Sakura Hiroshi students Fuyama Yasunori, now has become the academic backbone. A student of Hirano Ryuichi, the most famous Horiuchi Mi, Ting Shuo, Nishida Norino, Maeda Masahide, wild forest stem thick, Saeki Hitoshi, p.. These scholars in recent years in the Japanese criminal law exchange is more active, the basic idea has been gradually by domestic scholars familiar.

   Ida Ryo is in recent years in the Japanese criminal law scholars affects young scholars larger, IDA's studying in Germany, that conduct without value, advocate objective behavior theory and the purpose of criminal law, ideologically close to Fukuda flat, although not in Dongbei University, but generally can be classified as group rattan Chongguang this vein.

    Three, Kyushu University

   Fuwa Takeo is the founder of the Kyushu University of science of criminal law. The criminal law no obvious characteristics in theory, see substantially and East Grand classical homolog from thought, but the criminal law is very concerned about the judicial practice, do not break the Beowulf is Japan's first to sentence as the theory to study the problem of scholars. The door of Inoue Masaharu, Inoue Uji, Chuang-tzu, Uchida Wenaki, Bang Xiong, Yi waiting scholars have served as a judicial examination committee, great effect in practice. But, Inoue Uji, Okamoto Katsu then focused on criminal procedure law, but also pay attention to the influence of traditional practice.

    Four, Waseda University

   Kusano Ichiro is a famous criminal jurists before the war, he served as the court of final appeal before the judge (Supreme Court), has an important impact in the academic circle and practice circle, the most famous theory is the common meaning subject put forward in a judgment in the said, for conspiracy is made provides a theoretical basis for the. But after the war for political reasons and retreat. The common meaning subject said the inheritance to Saito Kimsaku, Saito Kimsaku also once served as a judge, continue to implement the theory of conspiracy in judicial practice, which has become one of the most hotly debated question in the criminal law of japan.

   Saito Kimsaku's student Nishihara Haruo, whose name in Chinese is for having heard it many times, he was in the criminal law academic exchange made the contribution for our Ancient Chinese Literature Search people see, is an admirable criminal jurists and social activist. Nishihara Haruo had an early study in Germany, he at that time, Japan has just the popularity of the automobile, the traffic accident prone situation, the trust principle in the criminal law of Germany introduced Japan, to explain the traffic accident crime led various fault accidents, and the negligent crime behavior as the research subject, has great influence on the theory and practice. A student of Nishihara Haruo, Sone Hiko, Ren, Takahashi Norio's three most famous. Sone Hiko and Nomura Ren have the book translated into Chinese published in China, Takahashi Norio's "accomplice accomplice theory system and" seems ready to translated and published, the book will play an important role for the mutual communication and understanding in the criminal law.

   Another student Shimomura Yasumasanori Kusano Ichiro to a low profile, is a decent and honest scholars. After Shimomura Yasuzheng, Nara Toshio also maintained a low profile, but he in the conspiracy problem, will be the first conspiracy and common law in the Conspiracy (common) are studied, on the current Japan controversial "conspiracy" of the new problem has great influence. After Nara Toshio wooden Prudential is the energy in theory of crime number, only wood Cheng had studied in Germany, the research methodology is Germany's "concurrence of crime" mode, rather than the traditional Japanese "the number of crime" mode, the new book "research" crime number theory carries on the thorough investigation "the historical origin of the competing theory" in Europe, caused widespread concern in the circles of criminal law in japan.

    Five, Kyoto University

   Kyoto University is the center of University of Tokyo and Japan only as an equal in criminal law, the criminal law is also called the "Kansai school". But the actual number of criminal law scholars of many, the different viewpoints, it is difficult to a school to be unified, but compared with the big east tend to conservative style, Beijing has always been to the left, radical is known (the headmaster Takigawa Yuki for example), the so-called "Kansai school", in fact, just a similar to the "opposition", Pan said.

   Early Miyamoto Youngxiu was grand master and Makino Echi as the new criminal law, flat field Anzhi inherits its new flag, but in opposition to the amendment of criminal law in the process, the flat field Anzhi gradually and close by Hirano Ryuichi, the new color weakened. To Nakamori Yoshihiko, salt see Chun there, completely abandoned the new doctrine, as the Hirano pulse.

   Takigawa Yuki is a representative figure of the old school, with Ono Shinichiro as the criminal law, but the conservative compared with Ono Shinichiro, Takigawa Yuki is the radical left liberal. Allegedly takikawa's young when bohemian, advocating freedom, to study in Germany, accepted the Marx thought, more left leaning views. Takigawa Yuki advocated the principle of legality, emphasizing the legitimate basis of state in the exercise of penalty, the criminal is inevitable in capitalist society, sympathy for the crime person, so that the light punishment, even advocated "crime is the radical views national system such as negation". Will be no wonder the fascist authorities as a deep hatred. Takigawa Yuki's most famous disciple of Sawado Toshio, but did not inherit the radical views but Zenden division, but turned to the study of law of criminal procedure, it is Professor Shinkura Shu of Waseda University in the science of criminal policy has many close to Takigawa Yuki's point of view.

   Zhongshan Institute of Kyoto University and is a famous Marx nationalists, early research and tend to criminal law of the Soviet union. He graduated from the Kyoto University's academic background, decided to Takigawa Yuki for his important influence, and other left-wing academics theory also has a great effect on the formation of his views. Nakayama Kenichi said: "my position, from Takigawa's theory, especially in the Saiki (Qian Ren), Hirano (Long Yi) formed a strong impact of the." Summary and Zhongshan institute professor is also committed to the criminal law theory history evaluation, completed the "criminal law", "criminal law from the basic thought of the idea and theory of criminal law theory history" etc..

   Naka Yoshika is the representative of Kansai school, his book "crime" and "criminal law pandect tells reader" are written in the colloquial and popular language, style is relaxed and humorous, close to the public. On the thought, compared with Takigawa Yuki, Nakayama Kenichi, Yi Sheng is moderate, not so radical. In the subjective element of illegality and the indirect principal offender and so on, for the establishment of the claim subjective illegal factor and the indirect principal offender's expansion and Zhongshan, said research has a fierce debate, the Kyoto University, the "civil war" constitute a picture of Japanese style school debate.

   Yamanaka Keiichi advocated the theory of objective imputation. Yamanaka Keiichi had studied in Germany, his mentor is first put forward the objective imputation theory of Luo Kexin (Roxin).
   Although Ootani Mi was born in Kyoto University academic point of view, but it is actually closer to the University of Tokyo. Early Otani real affected by criminal law academic tradition of Kyoto University peace yelong one, take the consequence without value standpoint in the essence of illegality, but later in the process of medical law, he found that only the use of the benefit against the view that the law is not sufficient, instead of using criminal illegality. In the interpretation of the criminal law on the issue, although the substantive interpretation of Ootani Mi against Hirano Ryuichi and Maeda Masahide and strongly advocated, but he succeeded Akiyama Tetsuji in the ground for elimination of illegality on "common sense" point of view, emphasizing in the interpretation of constitution and the law must be based on the social idea, this conclusion and Maeda "national consciousness", "punishment necessity" little difference, showing a "moderate" feature.