| Project/Area Number |
11620061
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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 | The University of Tokyo |
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Principal Investigator |
NISHIDA Noriyuki The University of Tokyo, Graduate School of Law and Politics, Professor, 大学院・法学政治学研究科, 教授 (90012509)
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| Co-Investigator(Kenkyū-buntansha) |
SAEKI Hitoshi The University of Tokyo, Graduate School of Law and Politics, Professor, 大学院・法学政治学研究科, 教授 (10134438)
UESHIMA Kazutaka Kobe University, The Faculty of Law, Professor, 法学部, 教授 (40184923)
SUZUKI Satoshi Gakushuin University, The Faculty of Law, Professor, 法学部, 教授 (30262546)
HASHIZUME Takashi Kobe University, The Faculty of Law, Associate Professor, 法学部, 助教授 (70251436)
ITOH Wataru Toyo University, The Faculty of Law, Associate Professor, 法学部, 助教授 (60266989)
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| Project Period (FY) |
1999 – 2000
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| Project Status |
Completed (Fiscal Year 2000)
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| Budget Amount *help |
¥3,500,000 (Direct Cost: ¥3,500,000)
Fiscal Year 2000: ¥1,300,000 (Direct Cost: ¥1,300,000)
Fiscal Year 1999: ¥2,200,000 (Direct Cost: ¥2,200,000)
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| Keywords | Keibaiya / offence of the auction obstruction / auction system / concealment of assets / 債権回収 / 執行妨害 / 強制執行妨害罪 |
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| Research Abstract |
It seems that the specific groups called Keibaiya who must have some relationship with gangs and try to reduce the lowest bid, excluding the ordinary people from taking part in the auction, have obstructed the auction process. So the auction system did not function normally. To improve this situation, the amended section 134 of the Law of Civil Execution as well as the section 34 and 47 of the Rule of Civil Execution have added the new system for bid in 1979, according to which the bid by mail can be accepted during the fixed term as well as the traditional bid system on the fixed date. As a result, the number of the bid obstruction by Keibaiya was reduced dramatically.
However, after the collapse of the so-called Bubble Economy in 1990, a great deal of bad loans emerged and creditors tried to recover as much loans as possible irrespective of their ways. In these processes, unfortunately, the number of bad cases has been increasing again where the debtors have tried to conceal their assets or those supposed to have the unrevealed relationship to gangs have obstructed the auction process. Thus the study of the related offences to those incidents has been recognized very urgent and important.
So firstly, the reasons which has enabled such obstruction to be committed have been considered from the viewpoint of the Civil Law as well as the Law of Civil Execution. Secondly, the actual reported cases for the obstruction has been collected to study. And finally, the interpretation of the elements constituting the offence of the auction obstruction has been considered, especially from the viewpoint of the criminal law.
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