| Project/Area Number |
05301069
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| Research Category |
Grant-in-Aid for Co-operative Research (A)
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| Allocation Type | Single-year Grants |
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| Research Field |
Criminal law
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| Research Institution | Waseda University |
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Principal Investigator |
NISIHARA Haruo Waseda University, Faculty of Law, Professor, 法学部, 教授 (20063365)
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| Co-Investigator(Kenkyū-buntansha) |
NIIKURA Osamu Kokugakuin University, Faculty of Law, Professor, 法学部, 教授 (10119050)
FUJITA Tadashi Hokkai-gakuen University, Department of General Education, Professor, 教養部, 教授 (00209058)
YOSHII Tamio Kanagawa University, Faculty of Law, Professor, 法学部, 教授
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| Project Period (FY) |
1993 – 1994
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| Project Status |
Completed (Fiscal Year 1994)
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| Budget Amount *help |
¥5,000,000 (Direct Cost: ¥5,000,000)
Fiscal Year 1994: ¥1,500,000 (Direct Cost: ¥1,500,000)
Fiscal Year 1993: ¥3,500,000 (Direct Cost: ¥3,500,000)
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| Keywords | Penal Code / Former Penal Code / Boissonade / Codification / 刑法史 / 立法研究 / 比較法 / 明治法制史 |
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| Research Abstract |
The object of our study is to confirm drafting process of the Japanese Penal Code of 1880, that is said an epoch-making work in the Japanese legislative history, turning the traditional law system borrowed from the older Chinese law (Litsu or Lu) into the occidental one (modern code system).
From an exhaustive collection of drafts, memoranda, records of relevant drafting bodies, we make a chronicle and a list of materials with necessary correction.
An eminent role of Emile G.Boissonade in the drafting process is made clear by careful study of his works, especially comparison of his draft Penal Code written in French with the draft written in Japanese. It may lead to clarify some unknown relation between ideas of law transplanted from the West and the law education in the early Meiji era.
Our study is published from Shinzansha, Tokyo in two volumes of "Kyuukeihou (Former Penal Code)" in "Nihon Rippou Shiryou Zenshuu (Japanese Legislation Materials Collection)".
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