A study of comparative law concerning administrative litigation and the state compensation system-focused on the systems of main western countries and eastern Asian countries
| Project/Area Number |
12620025
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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 |
Public law
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| Research Institution | Kumamoto University |
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Principal Investigator |
YE Lingling Kumamoto University, Department of Public Policy, faculty of law, Associate Professor, 法学部・公共政策学科・現代政策講座, 助教授 (70264273)
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| Project Period (FY) |
2000 – 2002
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| Project Status |
Completed (Fiscal Year 2002)
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| Budget Amount *help |
¥2,800,000 (Direct Cost: ¥2,800,000)
Fiscal Year 2002: ¥600,000 (Direct Cost: ¥600,000)
Fiscal Year 2001: ¥900,000 (Direct Cost: ¥900,000)
Fiscal Year 2000: ¥1,300,000 (Direct Cost: ¥1,300,000)
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| Keywords | liability of judicial compensation / state compensation / judicial privilege of exemption from liability / criminal indemnity / neglect of justice / criterion of liability / function of judicial power / litigation of state compensation |
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| Research Abstract |
This research can be considered as a continuation of my comparative study about the state compensation system in Japan and China made previously. In this article, on a larger scale, the state compensation system of main western countries, France, Germany, Britain, U.S.A, and the Asian countries, especially eastern Asian countries, are involved as the study objects.
Storting from the different cultural and traditional background of Oriental law and Occidental law, not only the differences of the state compensation system between western countries and Asian countries but also the influence of state compensation system of western countries based on Continental law system and Anglo-American law system received by Asian countries are discussed.
As an important component part of state compensation system, the liability of judicial compensation due to the illegal actions occurred injustice of criminal and civil cases and in law enforcement related to justice by policemen and other officials has been chosen as the focal point of this article. The characteristics of judicial compensation system and the required conditions in constituting judicial compensation of each country have been studied in detail. Besides, several issues related to judicial compensation and ways of solution are also discussed.
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Report
(4 results)
Research Products
(9 results)
