2002 Fiscal Year Final Research Report Summary
Comparative Law and Policy Study on Self-regulatory Rules and Business Ombudsman
| Project/Area Number |
12620046
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| Research Category |
Grant-in-Aid for Scientific Research (C)
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| Allocation Type | Single-year Grants |
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| Section | 一般 |
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| Research Field |
Civil law
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| Research Institution | Hitotsubashi University |
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Principal Investigator |
MATSUMOTO Tsuneo Hitotsubashi University, Graduate School of Law, Professor, 大学院・法学研究科, 教授 (20127715)
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| Co-Investigator(Kenkyū-buntansha) |
TAN Michelle Tezukayama University, Faculty of Law and Policy, Associate Professor, 法政策学部, 助教授 (60299146)
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| Project Period (FY) |
2000 – 2002
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| Keywords | Consumer Protection / Ombudsman / ADR / Soft Law / Self-regulation / Code of Conduct / Standard / Compliance |
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| Research Abstract |
Currently in Japan, the role of corporate codes of conduct and the importance of legal compliance has been increasingly emphasized. Consumer policy has been moving towards support for the voluntary efforts of business as a means of gaining consumer protection outcomes. Since soft law approaches for consumer protection is especially successful in Australia and is getting popular in EU, we made interview-based research into industry-based codes of conduct and ADR schemes in Australia and literature study of what is being done in EU. Upon the comparison of Australian and Japanese experiences, sharp difference is found on the role of industry associations. Australian model is focused on the industry-based approach while Japanese model depends on the individual business. One of the defects of the Japanese model is that is lacks effective enforcement mechanism of those self-regulatory efforts unless the market sincerely evaluates the effort of individual business.
The result of this study was presented as an introductory address of the Symposium "Consumer Choice and Risk Society" at the Ninth International Conference on Consumer Law which was held in Athens, Greece, 10-12 April, 2003.
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