| Project/Area Number |
26380148
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| Research Category |
Grant-in-Aid for Scientific Research (C)
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| Allocation Type | Multi-year Fund |
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| Section | 一般 |
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| Research Field |
New fields of law
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| Research Institution | The University of Tokyo |
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Principal Investigator |
HATANAKA RYOKO 東京大学, 高齢社会総合研究機構, 客員研究員 (10436503)
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| Research Collaborator |
TERRY Lum 香港大学, Sau Po Center on Aging, Professor
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| Project Period (FY) |
2014-04-01 – 2018-03-31
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| Project Status |
Completed (Fiscal Year 2017)
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| Budget Amount *help |
¥2,210,000 (Direct Cost: ¥1,700,000、Indirect Cost: ¥510,000)
Fiscal Year 2016: ¥650,000 (Direct Cost: ¥500,000、Indirect Cost: ¥150,000)
Fiscal Year 2015: ¥780,000 (Direct Cost: ¥600,000、Indirect Cost: ¥180,000)
Fiscal Year 2014: ¥780,000 (Direct Cost: ¥600,000、Indirect Cost: ¥180,000)
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| Keywords | 積極的司法 / 医療事故 / 医療安全 / 生命倫理 / 終末期医療 / 司法の役割 / ガイドライン / 意思決定 / 医療技術の発展 / 損害賠償 / 賠償訴訟 / 医療訴訟 / 被害者救済 / 利益衡量 / 国家賠償 / 補償 / 日米 / 医療技術 |
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| Outline of Final Research Achievements |
As long as the development of science and technology is not accompanied by the legislation or policies to govern this technology, actual social problems will occur that will require the judiciary to take on the initial role of finding resolutions to these problems. Policies and legislation appear in response to the course of litigation, and plaintiffs may intentionally instigate lawsuits in order to have this sort of impact on political issues. These lawsuits have been called policy-oriented lawsuits.
In lawsuits on adverse drug, Japan has aggressively judged the illegality of administrative bodies in order to provide remedy. There have also been cases where litigation has stirred up policy debates that have encouraged the government to establish safety strategy. While it is recognized that such a use of litigation has an impact on drug administration, the time has come to reconsider its function as a forum for administrative and legislative bodies that essentially play direct roles.
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