A Synthetic Study on Criminal Negligence
| Project/Area Number |
09620055
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| Research Category |
Grant-in-Aid for Scientific Research (C)
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| Allocation Type | Single-year Grants |
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| Section | 一般 |
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| Research Field |
Criminal law
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| Research Institution | HIROSHIMA UNIVERSITY |
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Principal Investigator |
KAI Tatsunori Hiroshima University, Faculty of Law, Professor, 法学部, 教授 (80233641)
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| Project Period (FY) |
1997 – 1998
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| Project Status |
Completed (Fiscal Year 1998)
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| Budget Amount *help |
¥2,400,000 (Direct Cost: ¥2,400,000)
Fiscal Year 1998: ¥700,000 (Direct Cost: ¥700,000)
Fiscal Year 1997: ¥1,700,000 (Direct Cost: ¥1,700,000)
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| Keywords | crime of negligence / duty to be careful / foreseeability / rule of trust / negligent responsibility / culpability / Recklessness / negligence without knowledge / 監督過失 / 交通事故 |
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| Research Abstract |
1. In 1997, I have consolidated the foundation of culpability, and could hold the symposium under the theme of "A Synthetic Study on the Negligent Crime Theorie" with four scholars, who are at home in Crime of Negligence. The result was published on KEIHO ZASSIII (JOUNAL OF CRIMINAL LAW) Vol.38 No.1 (1998). My theme was to analyze the changes of negligent responsibility and to ask again the essence of the responsibility of negligence (see Chapter 1 in Report). Further I could distinguish "Recklessness" and "Negligence without Knowledge" by pursuiting the essence of the responsibility of negligence and the unpunishability of the latter (see Chapter 2 in Report). In 1999, I have translated the German Book "Das Schuldprinzip" (of Arthur Kaufmann) into Japanese and published it from Kyushu University Publishing Firm. The translation is now highly evaluated.
2. As particular studies, I have firstly cosiderated on fire accidents, especially the relation "rule of truth" and responsibility of negligence (see Chapter 3 in Report). Here I showed model of responsibility of negligence about the superintendents in organizations. Secondarily, as a problem in a compound sphere of intention and negligence, I examined the necessity of occurrence of public danger in arson from the viewpoint of substantive culpability (Chapter 4 in Report). And thirdly, I analyzed the decision of "CASE OF KINTETSU-IKOMA-TUNNEL FIRE" (Chapter 5 in Report). Incidentally, I and other study group have translated the english book "Medical Accidents" into Japanese and published it from NAKANISIIIYA. This is very highly paid attention to by many medical staff etc.
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Report
(3 results)
Research Products
(29 results)
