Tomi Seal (とみぃまさぁきら,185810 June 16 (An Zheng, September 5/kloc) He has been a professor at the Faculty of Law of Imperial University (now the Faculty of Law of Tokyo University), the president of the Faculty of Law of Imperial University, an elected member of the House of Lords, and a consultant to the Senate. Member of the Civil Law Drafting Committee of the Institute of Codex. And _ President of Law School (now Hosei University). The first president of Kyoto Law School (now Ritsumeikan University) and the first senior of Ritsumeikan University. Gentlemen, first-class baron.
Chinese name: Tomoi Masaharu
とみぃまさぁきらmbth
Nationality: Japan
Ethnic group: Yamato ethnic group
Birthplace: Tongxin Town, Kyoto, Yamagata Hiroshi.
Date of birth: 1858 10/October16th (Anzheng September 5th 10).
Date of death: 1935 (Showa 10) September 14.
Occupation: educator, lawyer
Graduate institutions: University of Tokyo, University of Lyon.
Major achievements: Founder of science and civil law.
Drafting meiji civil law
Contribute to the establishment of Japan's current criminal law
Representative works: General Theory of Civil Law and Original Theory of Civil Law.
Rank: plus two digits
Grand Prix: Sunrise Tonghua Grand Prix.
Title: Baron
Public office: Member of the Japanese House of Lords.
Public office: parliamentary adviser
Degree: Doctor of Law
outline
His father is Heng of the Showa Palace. In the seventh year of Meiji (1874), he entered Tokyo Foreign Language School. Meiji/kloc went to France to study at his own expense in 0/0, and obtained a doctorate in law in Meiji 16. In the same year, he returned to Korea and was appointed as a professor at Tokyo University in Meiji 18. In the debate on the civil code, he advocated postponing the implementation of the old civil law and the old commercial law, and later served as a member of the code adjustment Committee. Together with Sui Ji Chen Chong and Mei Senjiro, he was the core figure in the compilation of Meiji Civil Law. In Meiji 24, members of the House of Lords were elected. Thirty-three years after Meiji, he became the first president of Kyoto Law School and the president of He _ Law School. In the 36th year of Meiji, as one of the "Seven Doctors", he made a tough suggestion to Keitaro, then Prime Minister. In the seventh year of Taisho (19 18), he served as an adviser to the Privy Council and a magistrate of the Permanent Court of Arbitration. He is the center of French law school and the founder of civil law. As a predecessor of civil law, he has been active in Japanese academic circles for a long time. However, he later turned to criticize French jurisprudence and spoke highly of German jurisprudence. He was a pioneer in prospering civil law under the influence of Germany in the late Meiji period. The Original Theory of Civil Law compiled by him and the Essentials of Civil Law written by Mei Senjiro are regarded as important documents of legislators' civil law theory. He is the author of Outline of Criminal Law and Outline of Civil Law.
The life of the character
one's early years
1858 10 June 16 (anzheng may September 10) was born in Tongxin town, guomushahaoji (now Kyoto prefecture), a mountain city. He is the eldest son of Masahiro Fujii of Zonggu Palace in Kyoto. When I was a teenager, I studied at Kyoto Middle School and the official Kyoto School. 1874 (Meiji 7) entered the old Tokyo Foreign Language School (now tokyo university of foreign studies) to study. 1May, 877 (Meiji 10) went to France to study at his own expense. During the work-study program at the Oriental Museum in Lyon, France, I entered the University of Lyon to study law, won a scholarship to pursue a doctoral degree with the second place, and obtained three legal degrees such as a doctor of law when I graduated (the doctoral thesis is "The right to terminate the buyer who does not pay the price in Roman law and French law"). 1883 (Meiji16) returned to China in April.
jurist
1883 (Meiji16)165438+1October 8th as a lecturer at private Tokyo Law School (now Hosei University). 1884 (Meiji 17) was a lecturer at the Faculty of Law of Tokyo University on February 5, 2001, and concurrently served as an official in Zheng Tai on August 5, 2001. 1885 (Meiji18) was appointed as a professor at the University of Tokyo on August 22nd. 1886 (Meiji 19) was appointed as a professor at the Faculty of Law of Imperial University (now the Faculty of Law of Tokyo University) on March 6th. In March of the same year, 18 was hired as the experimental member of the academic ability exemption of teachers in the Teachers College of the Second Clock Meeting School. In April of the same year 10, he was appointed as a third-class official and paid his superiors. On February 2, 65438, he served as supervisor of private law school and was stationed in Meiji Law School (now Meiji University).
1887 (Meiji 20th year) 65438+1October 4th served as a member of the civil service examination. 1888 (meiji 2 1) was awarded the degree of doctor of law in the order of degrees on June 7, 2008. 1890 (Meiji 23rd year) On February 2nd1day, he was appointed as the head teacher (acting director of education) of Imperial University Law School. On March 4 of the same year, he served as an evaluation officer of Imperial University. In the same year1October 20 10, he was appointed as a temporary member of the senior experiment of civil servants. 1890 (meiji 23) 65438+on February 23rd, he was appointed as a second-class official and paid a salary to his subordinates. In the same year, on February 27, 65438, he served as the president of Fada and recited the second-class officer. 189 1 year (Meiji 24) 65438+February 22- 19 18 (Taisho 7) was elected as a member of the House of Lords of the Imperial Parliament. 1892 (Meiji 25th year)10/kloc-0 was appointed as a member of the Civil and Commercial Law Implementation and Adjustment Committee on October 7th. 1893 March 30th (Meiji 26th) served as a member of the Civil Law Drafting Committee of the Code Adjustment Committee, and participated in drafting and compiling the Japanese Civil Code. In April of the same year, he served as the chief inspector of the Code Investigation Committee, which played a leading role in the drafting of commercial law and civil procedure law. In September of the same year11——165438+1October 7th, he was in charge of the first lecture on civil law. On February 26th, 65438 of the same year, senior Syrian officials ranked fourth.
Legal elder
1895 (twenty-eighth year of Meiji) 10 June 12 supplement by the president (president) of Imperial University. 1896 (meiji 29) 65438+1October 28, served as a government member of the code amendment. In June of the same year, 65438+1October 3 1 was promoted to the third rank of senior Syrian official. In the same year165438+1October 1 1 was promoted to the second rank of senior Syrian official. 1897 (Meiji 30th year) went to Paris, France on May 7th to attend the conference of the International Oriental Society, and paid an academic visit to Britain, Germany, Austria and Italy. On June 26th of the same year, the president of the Faculty of Law of Imperial University of Tokyo was dismissed as he wished. 1898 (meiji 31) returned to China on June 29th as the head of the first lecture on civil law. 1900 (Meiji 33) On June 5th, he served as the first generation president of private Kyoto Law School (now Ritsumeikan University). 1900 (Meiji 33) On June 29th, he was promoted to a senior official in Syria. 1900 (Meiji 33) 10 concurrently serves as the president of private and _ law school (now Hosei University). 1902 (meiji 35) March 3 1 code exempts members of the investigation Committee. In September of the same year 17, I was relieved of my official position as I wished.
1903 (Meiji 36) On March 7th, according to Article 13 of Imperial University Order, he was awarded the title of honorary professor of Imperial University of Tokyo. 1906 (Meiji 39) 14 was appointed as a member (academician) of Imperial College in September according to Article 2 of the Constitution of Imperial College. 1907 On May 27th (the 40th year of Meiji), he was appointed as a member of the Law Commission. 1July 908 (Meiji 4 1), entrusted by the Faculty of Law of Imperial University of Tokyo, served as the first lecture on civil law. 19 16 (the fifth year of taisho) was appointed as the royal crane in the palace on March 22nd. In the same year165438+1October 7, he was appointed as a member of the imperial palace system review Committee. 19 17 (the sixth year of Taisho) was appointed as an official of the Ministry of Internal Affairs on May 9, and was treated as an official. 19 18 (the seventh year of taisho), April18-1935 (showa 10), September 14. 19 18 (taisho 7 years) July 10, and he was entrusted by a fake university lecturer. 19 18 (the seventh year of Taisho)101October 26th, served as the magistrate of the Permanent Court of International Arbitration. 19 19 (taisho 8 years) became a member of the provisional legislative Council on July 9. During this period, he participated in the conclusion of the Treaty of Versailles and the deliberation of the amendments to the Army Code and the Naval Code. 1924 (taisho13) became the vice president and founding member of Japan-France Association, a consortium legal person, on April 8th. 1926 (Taisho15)10/kloc-0 was specially listed as a China native on October 28th, and was made a baron for meritorious service. At the same time, I want to avoid hanging in the palace and hanging in the minister's house.
1927 (2 years of Showa) On August 3rd1day, he became the first generation senior of Ritsumeikan University. 1927 (2 years of Showa) 12 19 served as a member of the Political and Cultural Review Committee. 1928 (the third year of Showa) was appointed as the deliberation officer of the royal parliament on July 7. 1928 (the third year of Showa) 10/210 served as the chief inspector of the Civil Law Amendment Investigation Committee and the chairman of the drafting of the Civil Law Amendment, presiding over the revision of the Family Law and the Inheritance Law of the Japanese Civil Code. 1929 (4 years of Showa) 13 became a member of the Legislative Council in May. 193 1 year (showa 6) was appointed as a temporary member of the amendment Committee of the administrative adjudication law and the administrative appeal law on September 22nd. In the same year, 65438+February 65438+February was appointed as a negotiator. 1934 (9 years of Showa) served as the chairman of the Japan-France Association. 1935 (Showa 10) died at the age of 76 in the mansion of Yaguomachi (now Yaguomachi, Shinjuku District, Tokyo) on September 14.
Ideas and opinions
In the debate of Meiji Civil Code, the old Civil Code was drafted by Boisson Nader and others with reference to the French Civil Code. Due to the lack of research on the German Civil Code, Tomi and Sui Chong * * * advocated procrastination and opposed Mei Senjiro, who was a disconnection school. Tomi Zhenghong's speech in the Japanese House of Lords played an important role, and the Parliament overwhelmingly passed the motion to postpone the implementation, but in the end, the extension of the implementation of this code failed to be realized. This civil code is called "old civil law" in history. Subsequently, the Meiji government immediately set up a code investigation committee, appointed three law professors from Imperial University, namely Senjiro of the United States, Masahiro of Tomi and Akiji Chenchong as drafting members, and began to compile a new civil code on the basis of the "old civil law". The investigation of the code lasted five years, and the new civil code was completely compiled in 1898, which was adopted by the parliament and put into practice in July 1898. This civil code is called Meiji Civil Law, which has been revised many times and is still in use today.
Tomi Zhenghong's thought is different from that advocated by Sui Shu Bashu, that is, "Civil law comes out, loyalty and filial piety die". It is not based on ideological differences, but from the standpoint of scholars that if the complicated code of handouts is implemented, it will repeat the old road of French annotation law school, thus hindering academic progress. The code should be suitable for the actual situation of the country and cannot be used as a political tool to amend unequal treaties, so it advocates caution.
Tomi Zhenghong's position is different from that of Mei Senjiro, who is a broken faction. Different from Mei's strong antipathy to the code in the form of detailed net and lecture notes represented by Prussian civil law, she advocates a more concise drafting purpose than the existing draft code in Xinmin Law.
In the drafting of civil law, Tomi Zhenghong took prudence as the aim, stood on the side of legal positivism and German law, and opposed Mei Senjiro, who stood on the side of practice and took speed as the aim, and tended to natural law and French law. Tomi Yazhi and Chen Zhong Mizuho are both pioneers in introducing German law research into Japan. However, when drafting the old civil law, the idea of German law never entered Japan, and Masahiro Toyo himself was different from Shuijingfa, Chen Zhong, the United States and Senjiro. He has never had the experience of studying in Germany. Before that, he did not particularly adhere to the concept of German law. However, Xintian Masutaro, a representative of Tomi Zhenghong and an assistant member of civil law drafting, is proficient in German. Through the translation of the first and second drafts of German civil law, he realized the digestion of German law, making German law known as "the perfect treasure in modern code" the trend of civil law formulation, thus creating a precedent for Japanese civil law to be interpreted in German law. In addition, he also talked about the systematic books of bernhardt Wen Sajt and Heinrich Dunberg in his speech on Password Questioning, and he must have read the French translations of these books.
The compilation of Meiji civil law is not to abandon the "old civil law" and re-enact a brand-new civil law, but to create a new civil law on the basis of the "old civil law" through certain amendments. The basic skeleton of Meiji civil law comes from the "old civil law", mainly imitating the French civil law, while Meiji civil law only modified the "old civil law" with reference to the first draft of the German civil code. Many Japanese legal scholars have paid full attention to the inheritance relationship between Meiji civil law and "old civil law". Tomi Zhenghong also believes that the Meiji civil law takes the "old civil law" and the "French Civil Code" as its mother laws, and pays more attention to the latest civil law achievement "German Civil Code Draft". In addition, based on criticizing the old civil law, Xintian, assistant of Tomi's political chapter, studied the places where the drafters of Meiji Civil Law used the old civil law, and came to the conclusion that the old civil law had a considerable influence.
In addition, Tomi Zhenghong looked directly at the reality of Japanese national conditions and thought that the research on evolution and comparative law was not well prepared, and its main points should be used concisely by judges. This is his consistent proposition in the code debate, and his book The Original Theory of Civil Law also reflects his style of study.
Masahiro Fukui served as a professor of civil law at Imperial University in Tokyo for many years, and then his disciple Yukio Hatoyama (son of Kazuo Hatoyama and brother of Ichiro Hatoyama) inherited his mantle and established the foundation of the Civil Law College of Dongda University. Fujii's lecture notes are clear and concise, and all the articles seem to be memorized.
Masahiro Fukui studied hard during his early years abroad. Although he is weak and sick, he is the oldest of the three doctors who drafted the civil law because he pays attention to health preservation. However, his caution is due to his personality. Compared with the Essentials of Civil Law compiled by Mei Jianjiro, it took only five years to complete, while the general theory of creditor's rights in Tomi's Original Theory of Civil Law took a long time to roll up.
In his later years, Tomi Zhenghong and Baron Mizuho (son of Mizuho Chen Chong) * * presided over the revision of the Civil Code, and revised the law of relatives and the law of succession in the Japanese Civil Code. The work was later interrupted by the war, and my wife Rong took over after the war.
In the field of criminal law, Tomi Zhenghong opposed the eclecticism of the French neo-classical school of law, represented by Gustav Emile Boisson's disciple Hirozo Miyagi, criticized him for not being able to adapt to the social situation of the crime surge, and took the lead in putting forward the idea of the subjectivist new criminal law theory school. His theory, based on the theory of social defense, is a kind of subjectivism that attaches great importance to punishment and law, which greatly promotes the establishment of Japan's current criminal law (Japanese Criminal Code).
On the eve of the Russo-Japanese War, Masahiro Fukui advocated the war debate and participated in the "Seven Doctors' White Incident" as one of the Seven Doctors. Together with Hirohito, Onodera Guiping, Gao Qiao Zuo Wei, Jin Jingyan, Miwei Heng and Nakamura Jinwu, he wrote a joint letter ("Seven Doctoral Opinions") to Prime Minister Keitaro and Foreign Minister Takamura Kyutaro, criticizing the "weak diplomacy" of the Guangxi cabinet, saying that "the loss of Manchuria and North Korea will endanger this opinion, which was published in Tokyo's Nikkei News and Tokyo's Asahi Shimbun, causing public opinion.
Rongdian
1885 (Meiji18) September16-from the sixth place;
1892 (Meiji 25th year) February 29th-plus six;
1896 (Meiji 29th year) March 30th-from 5th place;
1896 (Meiji 29) 65438+February 2 1- plus five;
1896 (meiji 29) 65438+February 22-French legion of honor (the third Republic of France);
1897 (Meiji 30th year) 65438+February 28th-decorated with four-level Ruibao seal;
June 29th 1898 (Meiji 31)-A group of medals and gold cups of the third-class rising sun;
1900 (meiji 33) August 20th-from Thursday;
190 1 year (Meiji 34) September 20th-exactly four years;
1903 (Meiji 36) May 2 1- Jinbei 1 group;
19 13 (dazheng 2 years) 65438+27 February-second-class Hideshige light seal;
19 19 (8 years of Taisheng) June 28th-First-class Ruibao seal;
19 19 (8 years of Taisho) September 29-Jinbei Group 1;
1920 (9th year of Taisho) September 7th-Jinbei Group1;
192 1 year (Taisho 10 year) May 30th-Jinbei Group1;
192 1 year (taisho1year) August 20th-from the third place;
1922 (Dazheng11) March 8th-French Legion of Honor, a senior officer (the Third Republic of France);
June 23rd 1926 (Dazheng 15)- First-class Sunrise Seal;
1926 (Dazheng15) September 1- plus three;
1926 (taisho15)10/October 28th-Baron;
1927 (2 years of Showa) March 15- Royal Wen Fu Silver Cup;
1928 (Showa 3 years) April 2 1- Jinbei Group1;
1928 (Showa 3rd year)165438+1October 10- Presenting commemorative medals;
193 1 year (the 6th year of Showa) March 20th-Imperial Renaissance Medal;
193 1 year (Showa 6 years) September 15- from the second place;
1934 (Showa 9th year) March1-People's Republic of China (PRC) was founded (Manchukuo);
1935 (Showa10) September 14- Zhengyi, Xunyi and First-class Sunrise Tung Flower Print.
work
Toyi Masahiro is the author of Droit Romanin: Desdroit SdudernonPayé; Droitfran _ ais: duddroitderé solution duvendernnonpayé, outline of law, lectures on agency law, lectures on contract law, off-contract debts, outline of criminal law, outline of civil law, principles of damage compensation law, general introduction of civil law, original introduction of civil law, general introduction of creditor's rights. French translation of the Civil Code of the Japanese Empire.