the Preparatory Research on the Constitution of Restorative Justice' System depending on the causes of Juvenile Offences
| Project/Area Number |
13834001
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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 Institution | Niigata University |
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Principal Investigator |
NAMAZUGOSHI Itsuhiro Niigata University, Faculty of Law, Professor, 法学部, 教授 (80037085)
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| Co-Investigator(Kenkyū-buntansha) |
ONOZUKA Hiroshi Niigata University, Faculty of Law, Professor, 法学部, 教授 (60018108)
NIWA Masao Niigata University, Faculty of Law, Professor, 法学部, 教授 (40218251)
OKAUE Masami Niigata University, Faculty of Law, Associate Professor, 法学部, 助教授 (00233304)
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| Project Period (FY) |
2001 – 2002
|
| Project Status |
Completed (Fiscal Year 2002)
|
| Budget Amount *help |
¥3,500,000 (Direct Cost: ¥3,500,000)
Fiscal Year 2002: ¥1,700,000 (Direct Cost: ¥1,700,000)
Fiscal Year 2001: ¥1,800,000 (Direct Cost: ¥1,800,000)
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| Keywords | Juvenile offence / restorative Justice / causes of Juvenile offences / 少年法 / 関係修復的司法 / 少年犯罪 / 被害者学 |
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| Research Abstract |
As the causes of the juvenile offences, we may point out the conflict of human relations in the family, school and community. The educational ability of family became week. his particularly said that fatherhood have been out of date in past decades in Japan. They have been too busy to care their children. They also have lost a self-confidence abut their moral. About the education at the School, teachers are keen to teach the knowledge to pass the entrance examination of the high school or the university. The pupil who can not catch up the teaching curriculum or have no interest about the teaching subject might drop out from t he course of study. The number of the youth who have no job and no academic career have enough time to commit the offences.
Facing the increase the cases of the juvenile offences Japanese government changed the policy of juvenile justice system from welfare policy to justice policy Justice policy include the stress of the due process and more severe punishment.
However the change of the policy has been criticized by human right group and the some academics try to seek a new policy. They find that in Europe a new policy which is so called `Restorative Justice' is arising.
They search the possibility to introduce the restorative justice in Japan. However in order to introduce the restorative justice it need to change the basic idea of the criminal justice system. The restorative justice demand the three actor -offender, victim, member of community. In Japan victim of the offence have no chance to committee the criminal procedure. The member of the community also have been estranged.
In this decade, Japanese Criminal Justice System shall be changed dramatically. The victim has a right to prosecute the offender and to appear the court to give the opinion about the punishment. The member of the community will be sit at the criminal court of justice with judges.
We can have a hope to introduce the restorative justice in Japan.
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Report
(3 results)
Research Products
(3 results)
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[Book] 刑事訴追理念の研究2005
Author(s)
鯰越 溢弘
Total Pages
261
Publisher
成文堂
Description
「研究成果報告書概要(和文)」より
Related Report
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