2015 Fiscal Year Final Research Report
Balancing Effectiveness and Due Process of Administrative Investigation - A Study Using Public and Criminal Legal Doctrines and Legal Practices As Benchmarks
| Project/Area Number |
26885093
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| Research Category |
Grant-in-Aid for Research Activity Start-up
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| Allocation Type | Single-year Grants |
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| Research Field |
Public law
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| Research Institution | Waseda University |
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Principal Investigator |
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| Project Period (FY) |
2014-08-29 – 2016-03-31
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| Keywords | 公法 / 行政法 / 行政調査 / プライバシー / 行政裁量 / 情報 |
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| Outline of Final Research Achievements |
This research sought to find out the due process requirements for administrative investigation using comparative study methods comparing neighboring law areas and foreign jurisprudence.
Results of the research include certain proposals to make a step-by-step approach in controlling the administrative discretion in information collection process of surveillance activities, the legal area close to the criminal investigation, as well as to recognize an inflection point in intrusiveness to the privacy in the process of using the information so collected. Also the research results include a survey of US e-surveillance statutes, which suggested a possible construction of legal system proportionally designed in relation to the nature and level of intrusiveness to the privacy. The results were published in college bulletin.
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| Free Research Field |
行政法
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