Comparative and theoretical study on constitutionalizaion of private law and reconstruction of private-law-institutions

本研究旨在借鉴德国法中关于“私法宪法化”的讨论，考察日本法中与私法宪法化相对应的几个阶段，并从宪法的角度探讨重构私法制度的能力。具体而言，进行了以下三项研究。首先，对近十年来发展起来的关于“私法宪法化”的讨论进行了考察。并阐明了其重要性和基本思路。其次，考察了日本法律中与“私法宪法化”相对应的几个阶段。进而从宪法与私法的关系的角度考察了它们的意义和特征。具体地说，讨论了一些问题：在合同法领域，讨论了关于公共政策和关于消费者合同和金融交易的规定的问题；在侵权法领域，讨论了关于个人权利，特别是隐私权、诽谤和妨害的问题。第三，参照德国和日本的情况，从宪法的角度审视私法制度的重构。具体地说，是关于合同法规和侵权行为的若干制度。并阐明了制度的意义。上述考试结果已通过若干出版物公布。

The purpose of this study is, referring to the discussion on ‘constitutionalization of private law' in German law, to examine several phases correspondent to constitutionalization of private law in Japanese law, and to inquire into the ability to reconstruct institutions of private law from the point of constitutional view. To be concrete, the following three studies were conducted.First, the discussion on ‘constitutionalization of private law' which had developed especially for these ten years, were investigated. Additionally its importance and basic ideas were clarified.Second, several phases correspondent to ‘constitutionalization of private law' in Japanese law were investigated. Furthermore it was examined what meaning and feature they had, in the point of the relation between constitution and private law. Concretely, some questions were taken up: in the field of contract law, questions about public policy and about regulations regarding consumer contract and financial dealing, in the field of torts law, questions about personal right, especially privacy, defamation, and nuisance.Third, it was examined how institutions of private law are to reconstruct in the point of constitutional view, referring the situation in Germany and Japan. Concretely, several institutions about contract regulations and those about torts were taken up. And the significances of the institutions were clarified.The results of above examinations were made public through several publications.