2006 Fiscal Year Final Research Report Summary
Reform of Corporate Governance and Reconstruction of A Theory on Organizational Criminal Liability
| Project/Area Number |
17530055
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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 | Keio University |
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Principal Investigator |
ITOH Kensuke KEIO UNIVERSITY, Law School, Professor, 大学院法務研究科, 教授 (00107492)
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| Project Period (FY) |
2005 – 2006
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| Keywords | Organizational Criminal Liability / Corporate Culture / Reform of Corporate Governance / Collateral Criminal Liability Statute |
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| Research Abstract |
Reforms of Corporate Governance and Administration in the United States, which has greatly influenced the recent Japanese parallel endeavors, have produced systems such as the audit-and information-control-oriented one under the SOX Law and have focused mainly on personal criminal liabilities in the aftermath of corporate deviances. As a result, the familiar concept of Compliance Program has been further promoted in explaining corporate criminal liabilities. However, those facts do not mean that the reforms have requested changes in the perspectives of corporate criminal liability theories. Rather, the perspectives of Compliance Program themselves have been changed and come closer to those of the theories : The 2005 guideline of the Federal Sentencing Commission has requested, as conditions of an effective compliance program, creation of law-abiding Corporate Culture and allocation of human resources to positions in charge of such creation. The Department of Justice has endorsed this move of the sentencing guidelines by declaring it would recognize an effective compliance program as a defense in criminal cases against corporations. Thus, influences of the U.S. reforms would be not only partial and manipulative, but also facilitative with regard to the current Japanese organizational criminal liability theories, especially to the one proposed by the chief investigator of this research, because they themselves have gained a lot from the Corporate Culture theory originally developed by Australians in 1980's and 90's. Making the Corporate Culture theory more precise and, together with procedural and penal considerations, fit to the Japanese organizational criminal liability theories, which have been constructed in close relationship with peculiar Collateral Criminal Liability Statutes, may be a good way to produce long-awaited legislation on organizational criminal liability.
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Research Products
(4 results)
