2007 Fiscal Year Final Research Report Summary
A Study on the Dual Protection System for Juveniles under 14 Years Old Who Violate Criminal Law and Pre Delinquent Juveniles in the Juvenile Law and Child Welfare Law.
| Project/Area Number |
17530056
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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 | Waseda University |
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Principal Investigator |
ISHIKAWA Masaoki Waseda University, Law School, Professor (50120902)
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| Co-Investigator(Kenkyū-buntansha) |
WATANABE Noriyoshi Kokushikan University, Faculty of Law, Professor (50138161)
MORIYAMA Tadashi Takushoku University, Faculty of Political Science and Economics, Professor (90191056)
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| Project Period (FY) |
2005 – 2007
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| Keywords | Criminal Law / Juvenile Law / Child Welfare Law |
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| Research Abstract |
In this research, focusing on two types of delinquent juvenile, that is, juveniles under 14 years old who violate criminal lave and pre-delinquent juveniles , we examined a tangled part of the Japanese dual legal system to protect juveniles that is composed of the Juvenile Law and the Child Welfare Law. Our main purpose of this research was to clarify the problems which that current dual legal system to protect juveniles has and discuss and show the solutions to these problems. In this research, we traced painstakingly the historical development of this dual legal.system and ascertained what the system is. The concrete research methods are as follows :
1. Research on the dual legal system to protect juveniles under 14 years old who violate criminal law.
(1) As for the historical development of this system, we traced both periods before and after the World War II.
(2) And also, we conducted surveys on how these juveniles are treated at the institutions, such as Community Homes as Training Schools, in Hokkaido(Sapporo correction district), Kinki(Osaka correction district), and Kanto(Tokyo correction district).
2. Research on the dual legal system to protect pre-delinquent juveniles.
(1) As for the historical development of this system, we traced both periods before and after the World War II.
(2) And also, we conducted surveys on how these juveniles are treated at the institutions, such as Community Homes as Training Schools, in Hokkaido(Sapporo correction district), Kinki(Osaka correction district), and Kanto(Tokyo correction district).
After the surveys we mentioned in 1 and 2, we analyzed the realities of the treatments for both types of juvenile at these institutions on the basis of survey sheets and the notes we took in the interviews at the institutions. As a result, we could gain new insights concerning the dual protection systems for these juveniles.
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