Legal Theory of Aging Society

本研究探讨了作为法理学元理论的“法学理论”对“老龄化社会”中各种法律现象的反思。在第一阶段的研究中，我们主要关注公法领域的法律现象，形成了由权利理论和法律建构与适用理论构成的老龄社会公法法学理论。在第二阶段，我们通过与私法专家的讨论来调查这些理论在多大程度上可以应用于私法领域的现象。通过我们的共同研究，可以发展出综合性的“老龄化社会法学”。在权利理论中，我们构建了权利类型学，以区分“老龄化社会”的权利形态。在法律建构与适用理论中，我们尝试发展观察方法，将“老龄化社会”的法律建构与适用现象描述为循环现象。我们尽量有机会向专家展示我们研究的实践成果。他们的反应非常积极。在快速向“老龄化社会”转变的过程中，他们感到困惑，并对能够反映复杂变化问题的“理论”提出了严肃的要求。这一理论既可以为科学专家，也可以为实践专家在“老龄化社会”中与法律现象作斗争提供指导。

This joint Research inquires the "Legal Theory" as Meta-theory of jurisprudence, that can reflect on a variety of legal phenomena in the "Aging Society".In the first stage of the research we focused our target mainly on legal phenomena in the field of Public Law, and developed the legal theory of Public Law about the Aging Society, which consists of the theory of rights and that of building and application of Law. In the second stage we investigated through discussions with specialists of Private Law, how far these theories can be applied to phenomena in the field of Private Law.Through our joint research the comprehensive "Legal Theory of Aging Society' can be developed. In the-theory of rights we build up the typology of rights, which can distinguish forms of rights in the "Aging Society". In the theory of building and application of Law we tried to develop ways of observations, which describe phenomena of building and application of Law in the "Aging Society' as cycle.We tried to have many opportunities to show specialists in practice results of our Research. Their reactions were very positive. In the rapid changing to the "Aging Society" they are confused and ask seriously for the "theory", which can reflect on complex and changing problems. This Theory can give the orientation to specialists not only in science but also in practice, who struggle with legal phenomena in the "Aging Society".