Abstract

In this essay I describe the development of Japanese criminal law theories with a focus on criminal attempt theories. ;As the certain instability exists in modern theories on criminal attempts, I will explain the cause of this instability. ;By this explanation I will told you about the reason why I have chosen this theme as that of my doctorate dissertation. ;In attempted crime there is no objective infringement on the interests, which are protected by criminal laws. It is the reason why punishment on attempted crime is unclearly justified in general than in consummated crime. For this reason there are many unsolved problems in theories and practices concerning criminal attempts. This has led to instability in scholarly theories and judicial precedents, However, if a theory to clarify a reason for punishing criminal attempt can be established, it will contribute to setting up a coherent thinking process throughout the general theory on entire criminal law. Therefore, the subject of my essay is of importance. ;Secondly, I will explain the reason why I chose the theories at the Meiji era as theme of my research. The Meiji era was a crucial period in the history of Japanese criminal law. During this era, when the modernization of Japan began, West European models of criminal codes and theories were first introduced to the nation. Therefore, in order to understand the complicated nature of the criminal attempt theories in modern Japan correctly, it is important to trace the originals at Meiji era, when West European criminal law, particularly the highly modernized and civilized post-revolutionary French criminal law was introduced into Japan. In this essay I have made clear that theories about the criminal law took root in Japan after adjustment for a long time. ;In my research on the history of criminal attempt theory I illustrate how the western theories were transformed, and took root in Japan. This work refers to theories by several famous Japanese judicial practitioners and legislators such as Mr. Kozoh MIYAGUI, Dr. Shouichi INOUYE, Dr. Chu EGUI and Mr. Renzoh KOGA. Especially, it refers to theory by Dr. G. Boissonade, the French legal scholar, who contributed greatly to introducing French criminal law and theory into Japan. ;To conclude, the French l'Ecole neo-classique theory which sought to check the abuse of power by despotic government in order to protect civil rights against it, were first introduced in Japan, followed by German-influenced theory