| Research Abstract |
This research aims to compare the witness protection legislation of advanced several forgin countries, obtain the suggestion of the inclusive one in Japan from there and try to present the foundation theory that contributes to the interpretation and legislation of Japanese law.
The need that protects the victim of sang ofense and the woman/child who received victim from sex crime is extremely high also in our country. This problem is being discussed enthusiastically both in the country of the Continental-European law, especoally Germany, and in the country of Anglo-American law, especially in the USA, that have been exerting a great influence on the japanese Criminal Procedure. However, because there ware not so much many cases where the situation of these several foregin countries are examined about this point in our country, I aimed first of all to obtain the suggestion from there, analyzing the actual situation of the witness protection in the several foregin countries
On the basis of
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such a comparison legal study, I added theoretical examination about the measeres of the witness protection in criminal processes. My research started immediately after "The Organized Crimes Act" in August, 1999, and "the Two Act related to Victim Protection" in May, 2000, in our country, in which some prescriptions regarding the protection of the victim witness were included. However, those had only very insufficient contents. After that, 'Judical System Reform Committee's Opinion' was announced in June, 2001, and was decided even the introduction of the lay judge system. Therefore it is very important how we should change our criminal justice that is said to be a record trial into a witness trial. Also, this research has close relations with the victim protection in criminal procedure, because many of the witnesses are victim simultaneously. Though I tried a little study regarding those points, it is still insufficient. I will make an sffort in succession to present the inclusive witness protection system Less
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