| Budget Amount *help |
¥3,770,000 (Direct Cost: ¥2,900,000、Indirect Cost: ¥870,000)
Fiscal Year 2013: ¥910,000 (Direct Cost: ¥700,000、Indirect Cost: ¥210,000)
Fiscal Year 2012: ¥910,000 (Direct Cost: ¥700,000、Indirect Cost: ¥210,000)
Fiscal Year 2011: ¥910,000 (Direct Cost: ¥700,000、Indirect Cost: ¥210,000)
Fiscal Year 2010: ¥1,040,000 (Direct Cost: ¥800,000、Indirect Cost: ¥240,000)
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| Research Abstract |
This research is focused on the cases, in which medical interferences caused fatal results or bodily injuries of patients, aimed at investigating the reasonable extent of criminal responsibility which is to be taken by doctors or medical stuff, in order to prevent inappropriate expansion of such responsibility. Through the theoretical analysis of the academic controversy in Japan and Germany, which is discussed around the theme such as "strafrechtliche Fahrlaessigkeit (criminal negligence)", "Fahrlaessigkeitskonkurrenz (concurrent negligence)", "Risikouebernahme (assumption of risk)", "mutmassiche Einwilligung (presumed consent)" and "hypothetische Einwilligung (hypothetical consent)", it was enabled to make fruitful, systematic consideration especially on some important, actual criminal cases, which are to be paid attention common in Japan and Germany.
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