2017 Fiscal Year Final Research Report
Civil Code Reform and Criminal Law - by perspectiv of law enforcement mesures
| Project/Area Number |
15K03174
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| Research Category |
Grant-in-Aid for Scientific Research (C)
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| Allocation Type | Multi-year Fund |
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| Section | 一般 |
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| Research Field |
Criminal law
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| Research Institution | Osaka University |
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Principal Investigator |
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| Co-Investigator(Kenkyū-buntansha) |
西内 康人 京都大学, 法学研究科, 准教授 (40437182)
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| Project Period (FY) |
2015-04-01 – 2018-03-31
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| Keywords | 刑法 / 財産犯 / 経済刑法 / 刑法と民法 / 比較法 / 法と経済学 |
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| Outline of Final Research Achievements |
In this study, we analyzed criminal law as enforcement measures of civil code. Even if criminal law shall depend on civil law for reason of unified law systems, it is necessary to examine the requirements individually, because by civil law the concept of illegality is ambiguous and relativ. For this perspective we reserched a relation between the fraud and the regulation on terms and conditions introduced by Civil Code Reform, so that we could produce the criterions of fraud.
A mens rea and conspiracy that are not required by deciding civil responsibility can define the criminal responsibility. Concerning those points we analyzed various precedent. As a result we came to a conclusion that in some cases the courts' decisions are inadaquate and insufficient.
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| Free Research Field |
刑法
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