The response and impact for policymaking by the court for the development of medical technology(Fostering Joint International Research)

2017 Fiscal Year Final Research Report

• Project/Area Number: 15KK0110
• Research Category: Fund for the Promotion of Joint International Research (Fostering Joint International Research)
• Allocation Type: Multi-year Fund
• Research Field: New fields of law
• Research Institution: The University of Tokyo
• Principal Investigator: HATANAKA RYOKO 東京大学, 高齢社会総合研究機構, 客員研究員 (10436503)
• Research Collaborator: TERRY Lum 香港大学, Sau Po Center on Aging, Professor ; Lo Vivian 香港大学, Sau Po Center on Aging, Professor
• Project Period (FY): 2015 – 2017
• Keywords: 高齢社会 / 事前指示 / アドバンスディレクティブ

Outline of Final Research Achievements

As long as the development of science and technology is not accompanied by the legislation or policies to govern this technology, actual social problems will occur that will require the judiciary to take on the initial role of finding resolutions to these problems. Policies and legislation appear in response to the course of litigation, and plaintiffs may intentionally instigate lawsuits in order to have this sort of impact on political issues. These lawsuits have been called policy-oriented lawsuits.
In lawsuits on adverse drug, Japan has aggressively judged the illegality of administrative bodies in order to provide remedy. There have also been cases where litigation has stirred up policy debates that have encouraged the government to establish safety strategy. While it is recognized that such a use of litigation has an impact on drug administration, the time has come to reconsider its function as a forum for administrative and legislative bodies that essentially play direct roles.

Free Research Field

医事法