2014 Fiscal Year Final Research Report
The legal certainty in peripheral criminal law
| Project/Area Number |
24730056
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| Research Category |
Grant-in-Aid for Young Scientists (B)
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| Allocation Type | Multi-year Fund |
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| Research Field |
Criminal law
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| Research Institution | Osaka University |
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Principal Investigator |
SHINADA Satoshi 大阪大学, 法学(政治学)研究科(研究院), 准教授 (60542107)
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| Project Period (FY) |
2012-04-01 – 2015-03-31
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| Keywords | 刑法 / 特別刑法 / 経済刑法 / 罪刑法定主義 / 金融商品取引法 / 会社法 |
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| Outline of Final Research Achievements |
In this study, I analyzed the legal certainty of interpretation in criminal law, in order to clarify the range of peripheral criminal offence. Federal In this study, I analyzed the legal certainty of interpretation in criminal law, in order to clarify the range of peripheral criminal offence. Federal Constitutional Court of Germany explains that constitutional law requests not only the legal certainty of statutes, but also the certainty of interpretation. Because german and japanese criminal law have an common issue about the legal certainty, we must consider a introduction of this thesis into Japan, even if criminal justice system and legal culture in Japan differ from in Germany.
the criminal law in japanese security law and corporate law are relative abstract and there are also opportunities that newtype offences can develop. Therefore it is desirable that the courts show the more precisely and more certainty interpretation when they deal with those types.
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| Free Research Field |
刑法
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