| Project/Area Number |
14520077
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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 |
INOUYE Masahito The University of Tokyo, Graduate Schools for Law and Politics, Professor, 大学院法学政治学研究科, 教授 (30009831)
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| Co-Investigator(Kenkyū-buntansha) |
KAWAIDE Toshihiro The University of Tokyo, Graduate Schools for Law and Politics, Associate Professor, 大学院法学政治学研究科, 助教授 (80214592)
SASAKURA Hiroki The University of Tokyo, Graduate Schools for Law and Politics, Lecturer, 大学院法学政治学研究科, 講師 (00313057)
INOUYE Kazuharu The University of Tokyo, Graduate Schools for Law and Politics, Research Associate, 大学院法学政治学研究科, 助手 (20345250)
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| Project Period (FY) |
2002 – 2003
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| Project Status |
Completed (Fiscal Year 2003)
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| Budget Amount *help |
¥3,000,000 (Direct Cost: ¥3,000,000)
Fiscal Year 2003: ¥1,300,000 (Direct Cost: ¥1,300,000)
Fiscal Year 2002: ¥1,700,000 (Direct Cost: ¥1,700,000)
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| Keywords | justice system reform / saiban-in / improvement and speeding up of criminal trials / discovery / public defense system / 即決裁判手続 / 被疑者国選弁護 / 公判 / 準備手続 / 争点整理 / 連日的開廷 / 直接主義・口頭主義 / 裁判員制度 / 迅速な裁判 / 調書 |
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| Research Abstract |
In the course of the Justice System Reform in Japan since 1999, the most important task in criminal justice area was the improvement and speeding up of criminal trials in addition to the law participation in the justice system as well as the establishment of a public defense system. For that puporse, the Justice System Reform Council proposed in its report of 2002 such measures as Introduction of New Preparatory Procedure, Securing Court Sessions over Consecutive Days, Materialization of Directness and Orality (Vitalization of Trials), Securing Effective Trial Management by the Court, and Reinforcement of the Defense Structure. There were a lot of theoretical as well as practical matters to resolve to implement these recommendations.
This research project intended to find out and propose appropriate resolutions of those problems by learning from the experiences in foreign countries as well as analyzing theoretically the basis for various aspects involved in the implementation of the proposed new systems and proceedings. As we came to a resolution or some finding of particular problem, it was put into print and publicized. These publications seems to have considerable impacts upon the implementation process of the Council's recommendations, which led to the enactment of Saiban-in Act and the amend ment of Code of Criminal Procedure in 2004, and will give valuable guidance to the interpretation and enforcement of the new laws regarding the new pretrial preparatory conference among the court and the parties, evidential discovery, public defense system and other measures for improvement and speeding up of criminal trials.
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