2013 Fiscal Year Final Research Report
The Comprihensive Studies from the Perspective of Criminal Law for Clarifying and Theoretically Considering of the Criterias of Sentencing in the Lay Judge System
| Project/Area Number |
23330021
|
|---|
| Research Category |
Grant-in-Aid for Scientific Research (B)
|
| Allocation Type | Single-year Grants |
|---|
| Section | 一般 |
|---|
| Research Field |
Criminal law
|
|---|
| Research Institution | University of Tsukuba |
|---|
Principal Investigator |
OKAUE Masami 筑波大学, 人文社会系, 教授 (00233304)
|
|---|
| Co-Investigator(Kenkyū-buntansha) |
ASADA Kazushige 立命館大学, 法務研究科, 教授 (70067734)
KUZUHARA Rikizo 関西大学, 法学部, 教授 (70234440)
KOIKE Shintaro 慶應義塾大学, 法務研究科(三田), 准教授 (60383949)
KOJIMA Toru 愛知大学, 法学部, 教授 (80293679)
NAKASHIMA Hiroki 関西大学, 法務研究科, 准教授 (60403797)
MATSUMIYA Takaaki 立命館大学, 法務研究科, 教授 (80199851)
YAMANA Kyoko 関西大学, 法務研究科, 教授 (00248197)
|
|---|
| Project Period (FY) |
2011-11-18 – 2014-03-31
|
| Keywords | 刑事法学 / 量刑 / 裁判員裁判 / ドイツ刑法 / 制裁法 / 国際研究者交流 |
|---|
| Research Abstract |
The Aim of this research was intended to examine from a point of view of the Criminal Law, the Criminal Procedure Law and Criminology, how the criteria of sentencing should be under the lay judge system.Therefore, we held meetings for the research once in two or three months, where we had lectures by lawyers including criminal judges and presentations of the research by the members repeatedly.
In addition, we introduced the Germany Sentencing Theory to Japan, compared it with the Japanese Sentencing Practice and put in order what we should learn from it. We could almost attein them. But we noticed that the German dense Sentencing Theory is based on the Criminal Act, which is a great difference from our system. We had a lot of achievements in a various way. We made some proposals in order to ameriorate our sentencing by lay judges. We will publisch our achievements as a book later.
|
Research Products
(29 results)
