An International Comparative on the Criminal Regulation of Public officials' Corruption (China, America and Japan)
| Project/Area Number |
16530042
|
|---|
| Research Category |
Grant-in-Aid for Scientific Research (C)
|
| Allocation Type | Single-year Grants |
|---|
| Section | 一般 |
|---|
| Research Field |
Criminal law
|
|---|
| Research Institution | Hitotsubashi University |
|---|
Principal Investigator |
WANG Yunhai Hitotsubashi University, Graduate School of Law, Professor, 大学院法学研究科, 教授 (30240568)
|
|---|
| Project Period (FY) |
2004 – 2006
|
| Project Status |
Completed (Fiscal Year 2006)
|
| Budget Amount *help |
¥2,900,000 (Direct Cost: ¥2,900,000)
Fiscal Year 2006: ¥800,000 (Direct Cost: ¥800,000)
Fiscal Year 2005: ¥1,000,000 (Direct Cost: ¥1,000,000)
Fiscal Year 2004: ¥1,100,000 (Direct Cost: ¥1,100,000)
|
|---|
| Keywords | United Nations Convention / Corruption / Public officials' corruption / international cooperation / criminal regulation / internal law / legal rule / human right / 組織犯罪防止条約 / 腐敗の定義 / おとり捜査 / 法規範 / 特定の訴追手続 / 法体系 / 立法 / 現実の刑事司法 / 人権保障 / 腐敗対策と人権保障の両立 / 腐敗 / 腐敗対策の国際協力 / 国連腐敗防止条約 / 公務員犯罪 / 租税犯罪 / 文化と犯罪 / 国際経済取引における腐敗 / 国家イデオロギー |
|---|
| Research Abstract |
With the adoption of the United Nations Convention against Corruption and other international or regional convention the cooperation of fighting against corruption by public officials has become very possible and significant than ever among the world.
However, there are still some problems in the convention and the cooperation based on it. For example, the concept of "Corruption" and the scope of criminal regulation are very vague and abstractive. Moreover, some special criminal measures suggested by the convention to every country are very arbitrary without considering the real situation and the real legal system of such countries. Those problems have made it possible for every country to explain the convention and adopt what are convenient to itself especially to its government.
After pointing out the above problems my study advocates the following resolutions in order to combine the international laws and the internal laws on the fighting against corruption of public officials, and integrate the international rules and the internal legal systems concerning the criminal regulations of corruption.
Firstly, when adopting a international convention on the fighting against the corruption it is necessary to consider the constitutions of the countries concerned, especially the rules concerned the human rights, do the best to guarantee the convention consistent with the basic principles of respecting human rights.
Secondly, the international conventions regarding the criminal regulations should stop at suggesting some common principles and ideals but not concrete rules such as entrapment investigation, wiretap, immunity etc., which have high risk to invade human rights.
Finally, the international society should judge correctly what should be prescribed by the international conventions and what should be ruled by the internal law, and keep a very balanced between the criminal regulations of corruption and the protection of human rights.
|
Report
(4 results)
Research Products
(9 results)
