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The research on criminal justice in pre-modern Japan

Research Project

Project/Area Number 17530012
Research Category

Grant-in-Aid for Scientific Research (C)

Allocation TypeSingle-year Grants
Section一般
Research Field Fundamental law
Research InstitutionRitsumeikan University

Principal Investigator

OHIRA Yuichi  Ritsumeikan University, College of Law, Professor (00102161)

Project Period (FY) 2005 – 2007
Project Status Completed (Fiscal Year 2007)
Budget Amount *help
¥1,660,000 (Direct Cost: ¥1,600,000、Indirect Cost: ¥60,000)
Fiscal Year 2007: ¥260,000 (Direct Cost: ¥200,000、Indirect Cost: ¥60,000)
Fiscal Year 2006: ¥300,000 (Direct Cost: ¥300,000)
Fiscal Year 2005: ¥1,100,000 (Direct Cost: ¥1,100,000)
Keywordsnot guilty / the principle of declaring guilty / the principle of laying stress on confession / the principle of selection / inquisitorial procedure / pre-inquisition / 刑事裁判像 / 無構 / 刑事手続 / 取調 / 自白 / 事実認定 / 刑事司法 / 拷問 / 与力 / 伺・指令
Research Abstract

According to the traditional research, the principles of the criminal procedure of Tokugawa Shogunate were made of, at first, the principle of selection, the second, the principle of laying stress on confession ,and the third, the principle of declaring guilty. The result of this theory was that all criminal cases should be guilty.
My reach tried to modify this traditional theory. The court of Nagasaki Bugyo sometimes declared persons not guilty. The court did not persisted in finding the accused guilty, and therefore, the traditional image of criminal procedure in the pre-modern time that the inquisitorial procedure always produce the sentence of guilt, should be revised. If so, we need to make a new research. When the system of nearly always passing the sentence of guilt…Judge declare 99% of accused guilty…was made up in contemporary Japan?

Report

(4 results)
  • 2007 Annual Research Report   Final Research Report Summary
  • 2006 Annual Research Report
  • 2005 Annual Research Report

URL: 

Published: 2005-04-01   Modified: 2016-04-21  

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