论日本宪法生存权的社会主义法特征及其困境

Abstract:The Constitution of Japan，which came into force in 1947，is considered to be a modern constitutional constitution with capitalist characteristics formulated under the leadership of the United States. However，the right to life provisions in Article 25，were written into the Constitution under the active promotion of the Socialist Party of Japan and the civil revisers of the Constitution，with obvious characteristics of socialist law. For a long time，the mainstream constitutional academia in Japan，influenced by the German jurisprudence，regarded the right to life as an objective constitutional right，denied its right to claim，and then demonstrated the legitimacy of the negative actions of the country with the “theory of personal autonomy”. However，some scholars criticized the defects of the western reformist right to life，and Japanese citizens also insisted on safeguarding the right to life granted by the Constitution through the judicial review. However，the guarantee of the right to live is based on the existence of public financial resources. The Constitution of Japan has no provisions on the economic system. The free capitalist economic system determines that Japan cannot fully realize its national obligation to guarantee the right to life.

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