This program, conducted by the Hitotsubashi University Graduate School of Law Research Course, based on the commission of the Japan Society for the Promotion of Science, is carried out with the close cooperation of the Renmin University of China Law School, and Busan National University College of Law. It started in 2007 and is scheduled to continue for five years.
1. Issue awareness and aim
Japan, China, and Korea, three countries situated in East Asia, each have their own unique history, and yet share some commonalities such as the adoption of Oriental law influenced by the Chinese legal culture prior to the modern era, and since the modern era, the adoption of European law, albeit with differences in nuance. In the period of national reconstruction after World War II, the identity of each country was reinforced; however, because both Japan and Korea were able to accomplish economic development, and China after its policies of reform and opening-up has also been rapidly developing a market economy, the common aspects of these countries are once again increasing. While international economy is becoming increasingly globalized, the localization of the economy has also progressed with the emergence of economic blocs such as the EU economic bloc and the North America economic bloc. In East Asia, as well, although still in its early stages, a similar movement can be observed, and therefore the problem of “the formulation of a common law in East Asia” has begun to be perceived as an issue.
While the purpose of our five year program will be discussed over a long term from now on, we will continue to look to the future of the practical issue of “the formulation of a common law in East Asia” described above, with the main premise that, for the purpose of considering this issue academically, our task is to carry out research and education related to the reception and the creation of law in East Asia. Specifically, our research purpose consists of the following three pillars. These are (1) historical research into the reception of West European law in Japan, China, and Korea; (2) analysis of the present state of the law in three countries - Japan, China, and Korea; (3) a proposal for the formulation of a basis for common law in East Asia. In the course of pursuing this research, our educational purpose is to train many young people who we hope will continue to conduct research and put these theories into practice in the future.
2. Organization framework
| (1) Hitotsubashi University Graduate School of Law Research Course |
Representative Director of the research organization: Mori Seigo (Dean, Graduate School of Law) |
Coordinator: Takeshi Mizubayashi (Professor, Graduate School of Law / Director, Hitotsubashi University International Research Education Center for Japanese Law) |
| Cooperating Organization in University: Hitotsubashi University Graduate School of International Corporate Strategy |
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| (2) Renmin University of China Law School |
| Base institution: Renmin University of China |
| Coordinator: Han Dayuan, The Acting Vice Dean of the Law School |
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| (3) Busan National University College of Law |
| Base institution: Busan National University |
| Coordinator: Kim Sang Young, Professor Dean, College of Law |
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3. Research program
| (1) The first step (2007) |
| The results of research that has been accumulated in Japan, China, and Korea (hereafter simply referred to as “the three countries”), which is related to “the reception and creation of the law in East Asia” and “the basis for a common law in East Asia,” and the results of other related research published outside the three countries, are examined. The conclusions of the existing studies are identified, along with their problematic or weak points, and concrete methods for future research are determined. |
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| (2) The second step (2008) |
| Research will be conducted into how each of the three countries has reacted when confronted with modern Western law since the 19th century, which aspects of Western law have been received, and how each country has transformed according to its own peculiar circumstances. Research will be divided into themes such as fundamental legal principles (rule of law, private autonomy, etc), public law, private law, the judicial system, and the education of the judicial profession. |
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| (3) The third step (2009) |
| Research will be conducted with a historical focus on the period after World War II, concerning the interchange with the development of law in each of the three countries for each of the above themes. |
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| (4) The fourth step (2010) |
| On the basis of the results obtained from the first to the third step, the present conditions of the law in the three countries will be analyzed, and the commonality and heterogeneity of each will be identified. |
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| (5) The fifth step (2011) |
| Based on the aspects of commonality and heterogeneity identified at the fourth step, the possibility of the construction of a basis for a common law in East Asia unit will be examined. In order to achieve this, the ideal methods of cooperation/interchange between the three countries will be investigated, and a specific proposal will be presented. |
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4. Three forms of collaboration between Japan, China, and Korea
| (1)Seminars |
| As a general rule, a symposium will be held once a year with the main theme being the research topics mentioned in the above paragraphs on the “Research Program.” The symposia at the first, third, and fifth steps will be held at Hitotsubashi University; the symposium at the second step at the Renmin University of China; and the symposium at the fourth step in Korea at Busan National University. |
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| (2)Preparatory meetings |
| In order to ensure the success of the researcher interchange seminar for the purpose of seminar preparations, if necessary, persons involved from the three countries may take measures such as seminar preparation meetings. |
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| (3)Joint research groups |
| Any of the three countries may, at any time, organize a research group in order to deepen an individual theme. |
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