2016 Fiscal Year Final Research Report
Comparative Study on Deterrence of Misconduct and Emforcement by a Private Person
| Project/Area Number |
25380127
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| Research Category |
Grant-in-Aid for Scientific Research (C)
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| Allocation Type | Multi-year Fund |
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| Section | 一般 |
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| Research Field |
Civil law
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| Research Institution | Hakuoh University (2014-2016)
Kyoto Bunkyo University (2013) |
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Principal Investigator |
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| Project Period (FY) |
2013-04-01 – 2017-03-31
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| Keywords | 民事法 / 不法行為 / 証券取引 / 違法行為の抑止 / エンフォースメント |
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| Outline of Final Research Achievements |
The deterrence of malfeasance and the realization of enforcement by a private person are secured by compensation collectively by class actions. It is because the deterrence of malfeasance is realizable to the malfeasance person concerned and general public by a plenty amount of damages. The collective remedial process expands the effect of damages. Even if the punitive damages of the Anglo-American Law system is absent in Continental Law System, a great amount of damages is realizable by adding mental compensation. According to the United States Supreme Court, this private dispute resolution is judged to be a thing corresponding to the theory of good-faith and public policy. However, the review on these substantive legal theory is not made. A private person's intent denies a public dispute resolution system as a result. This problem remains unanswered and needs to be solved.
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| Free Research Field |
英米法
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