政治倫理と民商法 : シンポジウム「政治倫理」についての若干のコメント

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First, Mr.Takeda, a member of our association, advocated, as a preventive measure against undue(or improper)political donations, the establishment of a "disclosure system" whereby statements of accounts and the like will be subject to disclosure. Secondly, "Mr.Bamba, another member, examined the question of whether or not, on the grounds of invalidity, a demand for the return of undue political donations to a political party, political group or an individual politician can be made against these recipients, from the standpoint of Civil Law. My view on this matter is that it is necessary, before any examination, to first define the nature of the political donation involved as a)donation which complies with the Political Fund Control Law, or b)donation which violates the Political Fund Control Law or c)the so-called under-the-table donation Furthermore, "legal action against representatives, " based on commercial law, should have been one of the possibilities looked into, as a means of pursuing the responsibility which lies with the directors of a company. Various procedures, supported by civil and commercial laws, are possible for the prevention of undue political donations. However, in any event, no procedure can surpass in its effectiveness, the efforts of the directors of corporations, to faithfully fulfill their inherent duties in their capacity as executors of business, in order to free themselves from and excessive reliance on and adherence to politicians. It is my hope that these efforts would bring about a desirable change, if only slightyly, in the attitude toward political ethics.
1994-05-15

著者

小野幸二
大東文化大学

政治倫理と民商法 : シンポジウム「政治倫理」についての若干のコメント

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