2004 Fiscal Year Final Research Report Summary
Compliance-oriented Consumer Protection Systems : A Comparative Study of Consumer Law and Policy in Japan, Australia and America
| Project/Area Number |
14520068
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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 | Tezukayama University |
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Principal Investigator |
TAN M.G. Tezukayama University, Faculty of Law and Policy, Associate Professor, 助教授 (60299146)
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| Co-Investigator(Kenkyū-buntansha) |
MATSUMOTO Tsuneo Hitotsubashi University, Graduate School of Law, Professor, 大学院・法学研究科, 教授 (20127715)
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| Project Period (FY) |
2002 – 2004
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| Keywords | Consumer Law / Consumer Policy / Compliance / ADR |
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| Research Abstract |
In the light of the current emphasis on market-driven consumer policy, this study aims to provide a model for a 21^<st> century compliance-oriented consumer system, focusing on the role of industry self-regulation, particularly codes of conduct and ADR mechanisms.
Australia was chosen as a country for comparison because of the success it has had with industry self-regulation, particularly codes of conduct. We researched several codes of conduct which are said to be examples of good practice in self-regulation. We found that the co-operation between business, government and consumers, as well as existence of effective ADR to be important elements of effective codes of conduct.
We also researched the American system for gaining legal compliance based on the Federal Sentencing Guidelines. These Guidelines have been instrumental in the increase in corporate compliance programs which assist in gaining greater compliance with laws and self-regulation
In contrast with the Australian and American systems, Japanese consumer policy recently focuses on the role of voluntary corporate codes of conduct. Current consumer policy as embodied in the recent amendment to the Fundamental Act on Consumers, requires business to focus on compliance and have in-house systems for achieving compliance.
Our conclusion is that the Australian system of self-regulation could provide a general model for Japan. The lessening of fines for companies which have effective compliance systems in place as provided for according to the American Federal Sentencing Guidelines could be incorporated into this model to achieve greater legal compliance.
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