Socio-legal Study of Qualification (Sikaku) System in Japan.

Research Project

Project/Area Number	63520004
Research Category	Grant-in-Aid for General Scientific Research (C)
Allocation Type	Single-year Grants
Research Field	Fundamental law
Research Institution	Senshu University
Principal Investigator	ISHIMURA Zensuke Senshu University Department of Law, Professor, 法学部, 教授 (70086958)
Project Period (FY)	1988 – 1990
Project Status	Completed (Fiscal Year 1990)
Budget Amount *help	¥2,000,000 (Direct Cost: ¥2,000,000) Fiscal Year 1990: ¥400,000 (Direct Cost: ¥400,000) Fiscal Year 1989: ¥700,000 (Direct Cost: ¥700,000) Fiscal Year 1988: ¥900,000 (Direct Cost: ¥900,000)
Keywords	Sikaku(qualification) / Sikaku-ho (law of qualification) / Mibun-ho (law of acquisition of status) / Gyomu-ho (law of service) / Dantai-ho (law of professional association) / Sekinin-ho (law of legal liability) / 業務独占 / 資格制度 / 業務独立 / 業務競合 / 無資格活動
Research Abstract	It is the rule in Japan that those who wish to practice law shall take the judicial examination conducted by the Government, and after passing it, shall get the license (Bengoshimenkyo). The same rule shall be applied for those who wish to become the physician (medical doctor). The status got through such procedure as described is called "sikaku (qualification)". Today, in Japan there are more than two hundred kinds of sikakus authorized by the Government. Also in private sectors there are nearly the same number of sikakus given by the private institutions, Present research is to analyze the legal framework of stase sikaku system' from the socio-legal standpoint. And also to discuss those problems now are heatedly debated several kinds of sikakus. The origin of sikaku is rather old. We may say that its origin might go back to early Meiji era when the Government, in order to modernize the country, started to introduce such professions as Bengosi or Ishi (medical doctor) from the Western countries, Thus the history of sikaku in Japan might be said that of professions itself. It might also be said that the four areas of that sikaku-ho are also of similar nature. Four areas are as follows : (1) 'mibunho (law of acquisition of status), (2) gyomu-ho (law of service). (3) 'dantai-ho (law of professional association), (4) 'sekinin-ho (law of legal liability), Present study mainly concerns with the sikau in public areas. Since the number of sikaku even in public area is vast that we feel the necessity of continuing the same line of research in the future.