2001 Fiscal Year Final Research Report Summary
THEORETICAL AND EMPIRICAL RESEARCH OF THE CRMINAL TRIAL
| Project/Area Number |
10302001
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| Research Category |
Grant-in-Aid for Scientific Research (A)
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| Allocation Type | Single-year Grants |
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| Section | 一般 |
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| Research Field |
Criminal law
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| Research Institution | OSAKA CITY UNIVERSITY |
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Principal Investigator |
ASADA Kazushige OSAKA CITY UNI., LAW FACULTY, PROFESSOR, 大学院・法学研究科, 教授 (70067734)
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| Co-Investigator(Kenkyū-buntansha) |
ODE Yoshitomo KYUSHU UNI., LAW FACULTY, PROFESSOR, 大学院・法学研究科, 教授 (50115440)
OKUBO Satoshi KURUME UNI., LAW FACULTY, PROFESSOR, 法学部, 教授 (30213656)
ARAKI Shinji RIKKYO UNI., LAW FACULTY, PROFESSOR, 法学部, 教授 (30062665)
KAMIGUCHI Hiroshi NANZAN UNI., LAW FACULTY, PROFESSOR, 法学部, 教授 (10097743)
KATO Katuyoshi AICHI UNI., LAW FACULTY, PROFESSOR, 法学部, 教授 (20202012)
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| Project Period (FY) |
1998 – 2000
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| Keywords | REFORM OF CRIMINAL JUSTICE / RESEARCH ON CRIMINAL TRIAL / POSITION OF CRIMINAL DEFENDANT / FACT FINDING / CIRCUMSTANCIAL EVIDENCE / SCIENTIFIC EVIDENCE / PRINCIPLES OF CRIMINAL TRIAL / PROPOSAL ON REFORM OF JUSTICE |
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| Research Abstract |
We hove done research by interview and hearing about the present condition of criminal trial in Japan from the judges (A former judge is contained). We have also observed the proceedings by the criminal courts in the whole country scale.
Besides this, we have taken up many important criminal cases, and have been taken the case-reports by the counsels for the defense. We have examined the various actual problems of the criminal trials and these factual findings.
We have also discussed and examined the various theoretical problems which influenced the criminal trials trial based. For example, we have treated the defendant's legal standing, the circumstantial evidence, the transparent standards of factual finding and so on. Furthermore, We have researched the foreign law. The result of the research is the next.
As for the present criminal trial in Japan, there are many points still to improve, for example the treatment of the circumstantial evidence, the evaluation of the scientific evidence and so on. We discussed and proposed the direction and the concrete methode of the reform.
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