2005 Fiscal Year Final Research Report Summary
Studies of Legal Problems of Modern Scientific Technology of Human Being, based on Sociological Studies
| Project/Area Number |
15330006
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| Research Category |
Grant-in-Aid for Scientific Research (B)
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| Allocation Type | Single-year Grants |
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| Section | 一般 |
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| Research Field |
Public law
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| Research Institution | Chiba University |
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Principal Investigator |
IWAMA Akimichi Chiba University, School of Law, Professor, 大学院・専門法務研究科, 教授 (20102212)
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| Co-Investigator(Kenkyū-buntansha) |
SUZUKI Tsuneo Chiba University, School of Law, Professor, 大学院・専門法務研究科, 教授 (20110273)
TAGAYA Kazuteru Chiba University, Faculty of Law and Economies, Professor, 法経学部, 教授 (40114293)
MAKI Miyaki Chiba University, Faculty of Law and Economies, Assistant professor, 法経学部, 助教授 (90323386)
KIMURA Takumaro Chiba University, School of Law, Assistant professor, 大学院・専門法務研究科, 助教授 (40234364)
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| Project Period (FY) |
2003 – 2005
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| Keywords | Biological Studies / Individual Rights for Information / Medical Law / Rights for Self-Determination / 公法基礎理論 |
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| Research Abstract |
(1) Studies of Foundational Theories of Public Law
We have continued our studies in 2003 and 2004 on the foundational theories of public law, in order to analyze recent medical problems. Particularly, from the point of view of constitutional law, Iwama and Maki have studied individual rights for self-determination and for information. These results might contribute to general theory of human rights.
(2) Analysis of Individual Rights to Informatons
We have examined some recent legislations in Japan concerning individual rights to information, which can be applied to the medical cases. We have also analysed notions of privacy and of security in individual informations, in order to provide legal bases to others studying in this field.
(3) Research of Rights of Children
We have continued our studies in 2004 on the rights of children in medical matters, in particular, from the point of view how parents of a child can obtain his or her own medical information.
(4) Applied Studies
We have analysed legal problems in the case of genome studies, comparing with the procedure of medial experiment in hospital, especially in university hospitals. We have also clarified the accountability of medical doctors to patients during medical operation. These studies are based on our sociological studies in this field in 2002.
(5) Comparative Investigations
We have compared the Japanese regime with some foreign regimes in this domain. For example, Kimura has compared the registration system of cancers in Great Britain with in Japan. He has also followed the history of medical law in France, including the procedure of elaboration of recent legislations, as well as the French doctrine in this field, in order to provide some suggestions to the planning of future studies on medical law.
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