著者

小栗 勝也

出版者

日本法政学会

雑誌

日本法政学会法政論叢 (ISSN:03865266)

巻号頁・発行日

vol.35, no.2, pp.135-151, 1999-05-15

---

This paper aims to make an investigation as to what was the main body that completed the Soldieers' and their Families' Relief Act in 1917. In 1995 Mr. Jun Gunshi made public a leading treatise on this issue, when there had been no researches in this field before. It seems, however, that his writing was wrong in two points. First, Mr. Gunshi made a fundamental misunderstanding about the Act. He argued thet the aim of the Act was diverted under the direction of the army so as to mainly relieve the familes of the soldiers in service, while it originally aimed to relieve the soldiers who were wounded and retired as well as the bereaved families. But in the writer's reconsideration of the Act no change of the aim was found. Second, his conclusion raised a doubt as to the army's leading role for the completion of the Act. The re-examination tells that in reality the House of Representatives was tha main body to lay down the Act and pass it. Then the government and the army were both negatibe in making the law in the early stage, but later they finally went into action at the repeated requests of the House of Representatives. In conclusion, it was the House of Representatives that made the greatest contribution of the completion of the Act in discussion.

著者

小栗 勝也

出版者

慶應義塾大学法学研究会

雑誌

法学研究 (ISSN:03890538)

巻号頁・発行日

vol.68, no.1, pp.p509-537, 1995-01

---

中村勝範教授退職記念号一 問題の所在二 政府の法案提出理由と反対論者三 代表的反対論者の主張四 中間的反対論の特徴五 革命肯定論者の反対論六 結語