2002 Fiscal Year Final Research Report Summary
RECONSTRUCTION OF ORGANIZATIONAL CRIMINAL LIABILITY THEORIES
| Project/Area Number |
13620071
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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 |
Criminal law
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| Research Institution | NAGOYA UNIVERSITY |
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Principal Investigator |
ITOH Kensuke NAGOYA UNIVERSITY GRADUATE SCHOOL OF LAW, PROFESSOR, 大学院・法学研究科, 教授 (00107492)
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| Project Period (FY) |
2001 – 2002
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| Keywords | ORGANIZATIONAL CRIMINAL LIABILITY THEORY / COLLATERAL PUNISHMENT STATUTES / CRIMINAL LIABILITY OF GOVERNMENT AGENCIES |
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| Research Abstract |
This research project was conducted by the head investigator for the planned two years. Since the academic year of 2002 was the second and final year, the research was completed in the following three phases :
1) In the first phase, a paper on the recent interpretations of collateral punishment statutes in Japanese tax laws by the courts and influential scholars had been started, but regrettably its completion was suspended. So, in the report of the research result, critical analysis of the current situation of the interpretation is described in rather detailed manner. The cause of the suspension is the need to first write a paper in defending organizational criminal liability theories from the fundamentalist attacks that suddenly appeared in the academic discussion.
The preparation for the research trip to New Zealand and Australia was also conducted in this phase, and it gave quite helpful insight in understanding new concepts such as 'corporate culture.'
2) The research trip to New Zealand and Australia was the major part of the second phase. And, as expected, it yielded very interesting unknown information and materials on organizational and governmental criminal liabilities. Although even in these countries, the academic opinions on the punishability of the government or its agencies are divided, there is a consensus: It is hard to find a theoretical justification of the Government immunity.
3) The third phase was urgently redesigned to write a paper that defended the development of organizational criminal liability theories from the fundamentalist attacks that suddenly appeared in the recent academic discussion. What is now needed is to analyze the cause and the political implication of such a movement.
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