The Annals of the Hitotsubashi Academy最新文献_第8页

Law of Criminal Evidence in Japan 日本刑事证据法

The Annals of the Hitotsubashi Academy Pub Date : 1952-04-01 DOI: 10.15057/11816

Kazuo Tanaka

{"title":"Law of Criminal Evidence in Japan","authors":"Kazuo Tanaka","doi":"10.15057/11816","DOIUrl":"https://doi.org/10.15057/11816","url":null,"abstract":"and general words do really mean。And,as will be metioned later, the Japanese courts,which have been accustomed to Continental European law where any evidence is a(imissible,tend to interpret those abstract and general words extensively an(1to make Japanese law of evidence dif壬erent from that of the common law. As I have just mentioned,it was inevitable to use general and abstract words in the Code,but those who drafted it were sometimes not so wise in choosing such words.The same expression,“circumstances which show that the statement is specially trustworthy,”2is used both in Article323, Item3,an(i in Article321,Subsectiou1,Item3,but their meaning must be(iifferent to each other,For,if they mean the same thing,since“a document.....,prepared under circumstances which show that the statement is specially trustworthy’,is admissible as evidence by Article323,Item3, without any further con(iition to be fulfilled,the other conditions in Article 321,Subsection1,Item3,namely“where the person who has made the 2Besides,similar expression,“special circumstances which show that the statemeΩt ls more trustworthy than__,”is used in Article321膨Sub3ection1,Item2、 19521 LAW OF CRIMINAL EVmENCE IN JAPAN 1所 statement ca亘testify neither at the preparatory proceeding nor at the trial because of his death,mental or physical illness,missing or staying abroad, and his previous菖tatement is indispensable for the proof of the existence or non-existence of the ofモence indicted,”would be nothing but nonsense. So we must conclude that the words“circumstances which show that the statement is specially trustworthy”in Article323,Item3,mean a higher degree of trustworthiness than that in Article321,Subsection1,Item3。 It is inappropriate to use the same words to denote two different things。 Furthermore we can find some defects in these provisions,which probably have been caused by the drafters’ignorance of the Anglo-American rules of evidence. In the first place, no exception to the hearsay rule as to an oral statement made by the accused,is recognized in these provisions,while it is recognlzed as to an oral statement made by a person other than the accused in Article324.In America where the accused testi丘es as a witness when he wishes to offer evidence by means of his oral statement at the tria1,the rule as to an oral statement made by a witness includes the rule as to that made by the accused. In Japan,however,as the accused,being(iisqualifie(1 for a witness,makes his oral statement at the trial in his status as the accused,it(10es not dispense with the provision relating to the exceptions of the hearsay rule as to an oral statement by the accused,Without such a provision a discordance would ensue between the rule as to an oral statement made by a witness and the rule as to that made by the accused・ It is unreasonable that&hearsay statement made by the accused is never admissible as evidence,because it is included in‘‘an oral statement which conta玉ns a statement of another made","PeriodicalId":294703,"journal":{"name":"The Annals of the Hitotsubashi Academy","volume":"5 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1952-04-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128484462","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Outlines of Japanese Policy in Indonesia and Malaya during the War 战争期间日本在印尼和马来亚的政策大纲

The Annals of the Hitotsubashi Academy Pub Date : 1952-04-01 DOI: 10.15057/11813

Y. Itagaki

引用次数: 1

Two Kinds of Labor Management 两种劳动管理

The Annals of the Hitotsubashi Academy Pub Date : 1952-04-01 DOI: 10.15057/11814

Shigetaka Mohri

引用次数: 0

On the Insurable Interest 论保险利益

The Annals of the Hitotsubashi Academy Pub Date : 1952-04-01 DOI: 10.15057/11811

Yoshisaku Kato

引用次数: 1

Ricardo's Theory of International Balance of Payments Equilivrium 李嘉图的国际收支均衡理论

The Annals of the Hitotsubashi Academy Pub Date : 1951-10-01 DOI: 10.15057/11160

K. Kojima

引用次数: 8

Evaluation of the Japanese Economy 日本经济评价

The Annals of the Hitotsubashi Academy Pub Date : 1951-10-01 DOI: 10.15057/11155

I. Nakayama

引用次数: 0

Seclusion,Japan's Tragedy 隐居,日本的悲剧

The Annals of the Hitotsubashi Academy Pub Date : 1951-10-01 DOI: 10.15057/11159

Koichiro Muramatsu

{"title":"Seclusion,Japan's Tragedy","authors":"Koichiro Muramatsu","doi":"10.15057/11159","DOIUrl":"https://doi.org/10.15057/11159","url":null,"abstract":"As a result of the tragic end of World War II, there inevitably has taken place serious self-examination among us Japanese people. We feel within ourselves the development of a new mental attitude, a new outlook on man and the universe a reflection of the current social renovation born of a series of reformatory legislation including the new Constitution. An important aspect of this spiritual transition is that we have in our minds a new and acute consciousness of the difference in character between the Japanese and European mentalities, and that the adoption of things European has become to us the problem of the time. We do not mean by this such superficial issue as the aping of Western, especially American, customs and manners which are swaying society in general. The reception .of the culture and spirit .of the West began about a hundred ~ears ago. ~ince then Japan has been marvelled'at by other countries, because as a new nation of the Western type culture in 1~;ast Asia, she has made such rapid progress. And yet, the Japanese are finding themselves once again engrossed in the adoption of things Western, with more vigor and seriousness than ever. ¥Vhat are the reasons ? One of them is that the Japanese pebple, in response to the changes in the social structure and the shifting of balance of social influences that has resulted from the latest renovation, have begun to take interest in things Western from a different angle and a new mental outlook. But the more important is that today those who fathomed the depths of the Japanese spirit in its realities during the wartime tension and who consequently felt the vital need for serious reflection on it are facing the opportunity to review both the Japanese","PeriodicalId":294703,"journal":{"name":"The Annals of the Hitotsubashi Academy","volume":"24 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1951-10-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128068503","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Fundamental Problems of Comparative Statics 比较静力学基本问题

The Annals of the Hitotsubashi Academy Pub Date : 1951-10-01 DOI: 10.15057/11157

Masao Hisatake

引用次数: 0

Aristotle's Theory of Practical Wisdom 亚里士多德的实践智慧理论

The Annals of the Hitotsubashi Academy Pub Date : 1951-10-01 DOI: 10.15057/11156

YoSHlo Fujii

引用次数: 2

The 1950 Amendment Act of the Business Corporation Law 1950年商业公司法修正案

The Annals of the Hitotsubashi Academy Pub Date : 1951-04-01 DOI: 10.15057/11804

Seiji Tanaka

引用次数: 0