Grant-in-Aid for Scientific Research (B)
|Allocation Type||Single-year Grants|
|Research Institution||Doshisha University(2005)|
MITSUI Makoto Doshisha University, Law School, Professor, 大学院・司法研究科, 教授 (30030620)
OHTSUKA Hiroshi Kobe University, Graduate School of Law, Professor, 法学研究科, 教授 (40304290)
UESHIMA Kazutaka Kobe University, Graduate School of Law, Professor, 法学研究科, 教授 (40184923)
HASHIZUME Takashi Kobe University, Graduate School of Law, Associate Professor, 法学研究科, 助教授 (70251436)
UTO Takashi Kobe University, Graduate School of Law, Associate Professor, 法学研究科, 助教授 (30252943)
SHIMAYA Takayuki Kobe University, Graduate School of Law, Associate Professor, 法学研究科, 助教授 (80359869)
池田 公博 神戸大学, 法学研究科, 助教授 (70302643)
|Project Period (FY)
2003 – 2005
Completed(Fiscal Year 2005)
|Budget Amount *help
¥9,800,000 (Direct Cost : ¥9,800,000)
Fiscal Year 2005 : ¥2,400,000 (Direct Cost : ¥2,400,000)
Fiscal Year 2004 : ¥2,500,000 (Direct Cost : ¥2,500,000)
Fiscal Year 2003 : ¥4,900,000 (Direct Cost : ¥4,900,000)
|Keywords||Traffic Offenses / Crimes of Negligence / Foreseeability / Count / 訴因 / 報告義務 / 業務上過失致死傷 / 交通事犯 / 過失競合 / 段階的過失 / 危険運転致死傷罪 / 刑法と民法 / 道路交通法 / 写真撮影 / 被害者救済 / 刑罰・制裁論 / 交通事犯捜査 / 交通反則通告 / 交通犯罪者の処遇|
1 Empirical Findings
Improvements in automobile manufacturing and road construction technologies, together with the introduction of stricter legislation and policing, have contributed to a substantial decrease in the number of traffic-related fatalities as well as a leveling in the number of injuries over the last few years. The number of traffic offenses, however, has continued to rise (see Part I).
2 Jurisprudential Measures
Negligence constitutes a key dimension of most traffic offenses. Thus, this project explored the conditions under which negligence may be deemed to be present, particularly with respect to three core issues : foreseeability, causation and so on.
This project also examined applied issues in traffic offenses. Research from comparative law found that the accessory regulations may be applied to crimes of negligence. Moreover, since negligence typically concerns both criminal and civil cases, the project also addressed the new legal issues which may emerge at this intersection.
The project also collected and analyzed data on the new article § 208-2. In general, application and interpretation of the new law appears to have been relatively consistent, albeit with some exceptions. Issues, however, remain regarding the specific criteria by which punishment may be determined.
3 Procedural Measures
Two further issues were explored : 1)the relationship between accident reporting requirements and the right of silence, and 2)specification of count. Regarding the former, research found that it is difficult to justify reporting requirements from theory of privilege against self-incrimination and that other justifications may be necessary. On the latter, the project analyzed case law and related questions.