The Relationship between High School Sector and Educational Success: Focusing on the Social Background of Private High School Students

This study investigates the influence of high school sector on educational success in Japan. A range of previous research on disparities among high schools has revealed that high school rank (based on the academic ability of pupils, etc.) originated from the democratization of high school. However, given that the democratization of high school is supported by private high schools, high school sector may become a factor for high school ranking. The data used for the analysis are the 2005 National Survey of Social Stratification and Social Mobility (SSM) in Japan. The results indicate that students who enter private high schools have lower academic ability than students who enter public high schools. By contrast, private high school students have greater educational success than public high school students. Moreover, this study reveals that private high school students are generally from a higher social class than public high school students. Given that the use of entrance examinations for private junior high schools has been increasing since the 1990s, in the future, the effect of private schools on educational success may become stronger in not only high schools but also junior high schools. This study thus emphasizes the importance of paying greater attention to the relationship between educational success and the private and public school sectors.     

非专用品型间接侵害——日本特许法101条2号、5号的问题点

根据平成14年的特许法修正案，有关间接侵害内容的101条新增的2号、5号规定了“非专用品型间接侵害”，而该规定遵循的是扩大保护特许权人的趣旨。这样一来，被视为侵害行为的范围就变得不明确，而且可能会导致超出本来权利范围的差止行为等，从而给第三人的经济活动造成不必要的限制：因此，第2号、5号可能存在着因要件条文语句的解释问题或者过度执行而被滥用的危险；为了协调特许权人的利益和第三人经济活动的自由，通过构建限制行使差止请求权的一般理论，划清被视为侵害行为的范围和行使差止请求权的界限是必要的。