2004 Fiscal Year Final Research Report Summary
A Strategic Study to Replace the Current Fluid Legal System by a Better Integrated One for the 21st Century-A Comparative Study of Administration, Market, and Consumption Aspects of Modern Society.
Grant-in-Aid for Scientific Research (A)
|Allocation Type||Single-year Grants |
|Research Institution||Hokkaido University |
YOSHIDA Katsumi Hokkaido University, Graduate School of Law, Professor -> 北海道大学, 大学院・法学研究科, 教授 (20013021)
HASEGAWA Ko Hokkaido University, Graduate School of Law, Professor, 大学院・法学研究科, 教授 (90164813)
SEGAWA Nobuhisa Hokkaido University, Graduate School of Law, Professor, 大学院・法学研究科, 教授 (10009847)
HIENUKI Toshifumi Hokkaido University, Graduate School of Law, Professor, 大学院・法学研究科, 教授 (70113610)
TAMURA Yoshiyuki Hokkaido University, Graduate School of Law, Professor, 大学院・法学研究科, 教授 (20197586)
SHIOMI Yoshio Kyoto University, Graduate School of Law, Professor, 大学院・法学研究科, 教授 (70178854)
|Project Period (FY)
2002 – 2004
|Keywords||Public and Private / Publicness / Market / Legal Order / Competition / Environment / Landscape / Consumer|
Contemporary society consists of three sub-systems : political-administrative, economic-market, and life-consumption. This research aimed to grasp the structure of the transformation of contemporary society by clarifying how each of these sub-systems changes from within and through interactions.
The major findings includes the phenomenon of "Crossover between Public and Private", so to speak, through interactions between these three sub-systems. We found that this phenomenon stands out particularly in legal orders regulating competition and environment.
As for the competition regulation, it has long been thought as belonging to governmental responsibility because of its public nature. Recently, however, civil law is rising as a possible means for competition regulation. In this regard citizens' role should be enlarged. We thus examined legal theories that enable effective competition law enforcement by citizens, particularly through the indemnification for damage and the injunction. Also
we investigated in the possibilities of forming a legal order spontaneously from bottom-up.
Regarding the legal order of environmental regulation, we analyzed the phenomenon of "Crossover between Public and Private" through a landscape protection problem. In the field of administrative law, we examined interaction between public, individual, and common interest. In the field of civil law, we offered a theory that permits injunction against legal orders violating acts. As a foundation for injunction we found a violation against rules of local land utilization in addition to a traditional right violation. And in penal law we analyzed the delimitation of modern penal law principles. If we take environment as legally protected interest, we should not be confined within the delimitation.
Finally we explored the current state of "constitutional law and civil law" problem, because it represents an important part of the study to reformulate "Public-Private" relations. We found that the relations today are of high tension as well as of mutual complementarities. Less
Research Products (172 results)