1998 Fiscal Year Final Research Report Summary
The Research of Environmental Criminal Low
| Project/Area Number |
09420013
|
|---|
| Research Category |
Grant-in-Aid for Scientific Research (B)
|
| Allocation Type | Single-year Grants |
|---|
| Section | 一般 |
|---|
| Research Field |
Criminal law
|
|---|
| Research Institution | Sophia University |
|---|
Principal Investigator |
MACHINO Hajime Faculty of Low, Sophia University Professor, 法学部, 教授 (60053691)
|
|---|
| Co-Investigator(Kenkyū-buntansha) |
MARUYAMA Masao Nanzan University Faculty of Low, Professor, 法学部, 教授 (50140538)
HAYASHI Mikito Faculty of Low, Sophia University Professor, 法学部, 教授 (80092302)
MATSUO Koya Faculty of Low, Sophia University Professor, 法学部, 教授 (10012262)
YAMAMOTO Teruyuki Teikyo University Associate Professor, 法学部, 助教授 (00182634)
YASUMURA Tsutomu Kanagawa University Professor, 法学部, 教授 (40166525)
|
|---|
| Project Period (FY) |
1997 – 1998
|
| Keywords | Environmental Criminal Law / Environmental Administrativelaw / Enviroment Protection / 公害刑法 |
|---|
| Research Abstract |
It has become internationally common understanding that criminal punishment should be used positively to guarantee us rich environment, not only to protect our life and health. Furthermore, a national environmental criminal law must be transformed into international and global law. Japanese environmental criminal law is also in the midst of such trend, though its environmental crimes are not far reaching and its punishments are usually no so severe. Supposedly, It is in accordance with Japanese legal tradition of "self-restraint."
To protect the environment without delay and harmonize conflicting interests of various parties, the administrative process should function efficiently.
Criminal law should play supportive function to the administration.
Environmental criminal law dysfunctions where administrative process malfunctions. Unfortunately it is the case of the Japanese environmental criminal law.
|
