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Accident Investigation and criminal justice

Research Project

Project/Area Number 17530052
Research Category

Grant-in-Aid for Scientific Research (C)

Allocation TypeSingle-year Grants
Section一般
Research Field Criminal law
Research InstitutionThe University of Tokyo

Principal Investigator

KAWAIDE Toshihiro  The University of Tokyo, Graduate School of Law and Politics, Professor, 大学院法学政治学研究科, 教授 (80214592)

Project Period (FY) 2005 – 2006
Project Status Completed (Fiscal Year 2006)
Budget Amount *help
¥1,500,000 (Direct Cost: ¥1,500,000)
Fiscal Year 2006: ¥500,000 (Direct Cost: ¥500,000)
Fiscal Year 2005: ¥1,000,000 (Direct Cost: ¥1,000,000)
Keywordscriminal law / death caused by negligence in the conduct of business / medical accident / death by medical accident / accident investigation / abnormal death / aircraft and railway accidents investigation commission / corporate liability / 刑事免責
Research Abstract

During this research period, some serious incidents occurred which attract attention of society, such as the train derailment accident of JR Fukuchiyama Line and the Fukushima Ohno hospital incident, and social concern about the accident investigation and the criminal justice system which are the subjects of this research also increased quickly.
Therefore, in addition to an inquiry of the fundamental problem about the accident investigation and the criminal justice system, investigation of the foreign law system, research as which the rise of an especially concrete argument was regarded and which specialized in the medical accident was done.
The result of former research was released as a magazine paper, while it was reported in some symposium and study groups. The main concerns were the punishment range of criminal negligence, the relation between accident research institute and a criminal investigation agency, and sanction systems other than criminal.
In the latter research, investigating the model enterprise of the death relevant to the course of medical treatment, I participated in the "medical accident responsibility problem examination committee" which Japan Medical Association sponsored. The report by this committee is already boiled and is due to be released.
Moreover, in the training seminar for the persons involved in the model enterprise by medical safety control study lecture sponsorship of the University of Tokyo graduate school medicine system graduate course, the lecture entitled "accident investigation and criminal proceedings" was performed.

Report

(3 results)
  • 2006 Annual Research Report   Final Research Report Summary
  • 2005 Annual Research Report
  • Research Products

    (3 results)

All 2006

All Journal Article (3 results)

  • [Journal Article] 刑事手続と事故調査2006

    • Author(s)
      川出 敏裕
    • Journal Title

      ジュリスト 1307

      Pages: 10-18

    • Description
      「研究成果報告書概要(和文)」より
    • Related Report
      2006 Final Research Report Summary
  • [Journal Article] Criminal Procedure and Accident Investigation2006

    • Author(s)
      Toshihro Kawaide
    • Journal Title

      Jurist No.1307

      Pages: 10-18

    • Description
      「研究成果報告書概要(欧文)」より
    • Related Report
      2006 Final Research Report Summary
  • [Journal Article] 刑事手続と事故調査2006

    • Author(s)
      川出敏裕
    • Journal Title

      ジュリスト 1307

      Pages: 10-18

    • Related Report
      2005 Annual Research Report

URL: 

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

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