| Project/Area Number |
19730060
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| Research Category |
Grant-in-Aid for Young Scientists (B)
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| Allocation Type | Single-year Grants |
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| Research Field |
Criminal law
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| Research Institution | Chuo University |
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Principal Investigator |
MAGATA Osamu Chuo University, 法学部, 教授 (70364213)
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| Project Period (FY) |
2007 – 2010
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| Project Status |
Completed (Fiscal Year 2010)
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| Budget Amount *help |
¥3,110,000 (Direct Cost: ¥2,600,000、Indirect Cost: ¥510,000)
Fiscal Year 2010: ¥650,000 (Direct Cost: ¥500,000、Indirect Cost: ¥150,000)
Fiscal Year 2009: ¥780,000 (Direct Cost: ¥600,000、Indirect Cost: ¥180,000)
Fiscal Year 2008: ¥780,000 (Direct Cost: ¥600,000、Indirect Cost: ¥180,000)
Fiscal Year 2007: ¥900,000 (Direct Cost: ¥900,000)
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| Keywords | 刑法 / 刑罰の正当性 / 日本文化 / 共犯の処罰根拠 / 自殺関与 / 従犯の可罰性 / 死刑 / 共同体主義 / 自由主義 / 価値中立的行為 / 日常的行為 / ウイニー / 不可罰的共犯 / 同意殺人 / 生命の質 / テレメディア法 / プロバイダ / 不作為の幇助 / 必要的共犯 / 犯人蔵匿 / 職業的行為 / 中立的行為 |
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| Research Abstract |
In this study I have considered the inherent differences between punishable participation in crimes and non-punishable participation in crimes. However in the course of the actual consideration process, I reached the conclusion that this issue is directly linked to the theories underlying criminal jurisprudence such as those related to the reasons for the existence of punishment as well as its legitimacy and lawfulness, and general theories about criminal law. Having come to this conclusion I recognized that full consideration of these underlying theories is inevitable. Accordingly, the initially proposed research schedule was placed on hold and precedence given to an in depth consideration of the fundamental principles underlying criminal jurisprudence. Specifically the issues concerning the legitimacy and lawfulness of punishment, the relationship between the objective and subjective considerations related to crime, the rationale behind punishment of accomplices as well as the relationship between Japanese culture and criminal jurisprudence. This has allowed me to lay down a basic foundation upon which to build a multifaceted theory concerning the criminality of accomplices to a crime. Based upon this theory I have begun further study to identify those elements that act to make participation in a crime punishable.
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