Institute of Comparative LawWaseda University

Symposium “Comparative Analysis of Criminal Legisprudence: Perspectives from Japan and Taiwan”

【Host】Institute of Comparative Law, Waseda University
【Co-host】Faculty of Law, Waseda University, Waseda University Institute for Advanced Social Sciences（Waseda Research Institute of Taiwan）, JSPS Grant-in-Aid for Scientific Research (B) “New Horizons in Criminal Law Theory Based on the Construction of ‘Family Criminal Law’”（JP24K00206）

【Date and Time】March 8, 2025 (Sat) 13:00～18:30
【Venue】Room 801, 14th Building, Waseda Campus
【Presenters】 Yu-Wei Hsieh（Professor, National Taiwan University）, Shinya Fukamachi (Professor, Rikkyo University), Heng-da Hsu（Professor, National Taiwan University）, Yuki Nakamichi (Professor, Waseda University）
【Language】Japanese, Chinese
【Translation】Japanese-Chinese Translation is available
【Caretaker】Yuki Nakamichi (Professor, Waseda University)
【Abstract】

In Japanese criminal law, ‘criminal legislation studies’, concerned with the theoretical analysis of criminal legislation, are about to emerge as a new academic field. In this field, the relationship between the constitution and criminal legislation, the relationship between the legislative system and criminal legislation, and the relationship between criminal law theory and criminal legislation are examined, and the merits and demerits of specific legislation are evaluated and analyzed.

In Taiwan, too, since the establishment of the Constitutional Court, the relationship between the constitution and criminal legislation has been questioned in various situations. In addition, under the current situation of revitalization of criminal legislation, the question of how to deal with criminal legislation from a theoretical perspective is becoming an issue, just as in Japan.

This symposium invites Professor Hsieh Yu-wei and Professor Hsu Heng-ta from National Taiwan University to discuss the future of criminal legislation from a theoretical perspective. Professor Hsieh is one of the leading figures in this field, having analyzed the theory of crimes of abstract danger that is observed as a feature of recent criminal legislation in his doctoral thesis submitted to Kyoto University. Professor Hsu has recently published an article in an academic journal in Taiwan that fundamentally questions the significance of the theory of legal interests in criminal legislation and is also actively disseminating the contents of this article overseas. On the Japanese side, Professor Shinya Fukamachi of Rikkyo University, who has been a driving force in Japanese criminal legislation studies and the caretaker of this event (Nakamichi), will take the stage to examine the current situation of criminal legislation and how it should be theoretically analyzed.
Through this work, this event will examine and look at the future of criminal legislation studies in East Asia.

【Programme】

*Everyone is welcome to attend free of charge.

*The details about the program are here (Japanese)

Link to Japanese page