The research of criminal mediation in France
Project/Area Number |
14520079
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Research Category |
Grant-in-Aid for Scientific Research (C)
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Allocation Type | Single-year Grants |
Section | 一般 |
Research Field |
Criminal law
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Research Institution | Osaka University (2003) Asia University (2002) |
Principal Investigator |
SHIMAOKA Mana Osaka University, Graduate School of Law, Associate Professor, 法学研究科, 助教授 (20222036)
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Project Period (FY) |
2002 – 2003
|
Project Status |
Completed (Fiscal Year 2003)
|
Budget Amount *help |
¥3,000,000 (Direct Cost: ¥3,000,000)
Fiscal Year 2003: ¥1,400,000 (Direct Cost: ¥1,400,000)
Fiscal Year 2002: ¥1,600,000 (Direct Cost: ¥1,600,000)
|
Keywords | Criminal mediation / Criminal conciliation / France / Protection of victim / Alternative Dispute Resolution |
Research Abstract |
I have research on the criminal mediation in France, reading many books, looking for the information on web sites, and visiting several Universities in Paris and Lyon, several district courts in Paris, Lyon, Grenoble, and Bordeaux. I visited several associations for the protection of victim, too. I have known the conflict between the prosecutor's office and the mediation center in Lyon. I have had the conclusion below, getting the whole information on the criminal mediation in France : 1)The term of "criminal mediation" isn't equal in all of France, for example, in Paris, it is used as one of five alternative procedures of prosecution, but in Lyon, Grenoble, and Bordeaux, it is used as the pure mediation without the criminal composition (=the new French system like a Japanese summary order). 2)The ideology of criminal mediation what is started voluntarily by several researchers and associations in a part of France in a half of 80's, had a aim of arriving at a true resolution of crimes through a dialogue between a offender and a victim, irradiating a victim, and changing the criminal procedure from a monopoly of a state to a share of citizens (a restorative justice). 3)The possibility of introducing the criminal mediation in Japan isn't strong for now because of the lower rate of crimes by comparison with France and the Japanese national character, but it will be possible in future if the national participation in justice increase with the introduction of a trial system or the expansion of an alternative dispute resolutions in Japan.
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Report
(3 results)
Research Products
(11 results)