Departmental Bulletin Paper 「立法權」「行政權」「司法權」 在日本和中國的表達的演變歷程
Evolution process of the Expression of “the legislative power” “the executive power” “the judiciary power” in Japan and China

谷口, 知子

10pp.257 - 277 , 2017-03-31 , 関西大学大学院東アジア文化研究科
文部科学省グローバルCOEプログラム 関西大学文化交渉学教育研究拠点
Three sorts of power ; “the legislative power”, “the executive power”, and “the judiciary power” were translated in the middle of nineteenth century in Japan, and were imported into China later. These terms were put into Japanese ; “rippōken”, “gyōseiken”, and “sihōken” (立法權, 行政權, 司法權). But, there had been no concept of three powers at the time in both Japan and China. How were these new concepts and the newly coined expression formed? The first article will discuss the basic terms of three powers which were coined at the beginning of nineteenth century in China. The second, it will also investigate the formative process of three powers in Japan; and will be centered on the words “the legislative power (立法權)”, “the executive power (行政權)”, and “hō (法)”, “maturigoto (政)”. The third, it discusses the historical process, how and when China adopted these terms from Japan. This study not only clarifies the point on which the translators and the creators focused when they translated into another language and invented new terms, but also shows plainly some patterns of the spread of the new concept.

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