| Co-Investigator(Kenkyū-buntansha) |
MURAI Toshikuni Hitotsubashi Univ., Law Faculty, Proffessor, 法学部, 教授 (70017581)
MAENO Ikuzo Kanseigakuin Univ., Law Faculty, Proffessor, 法学部, 教授 (60079639)
FUKUDA Masaaki Hitotsubashi Univ., Law Faculty, Proffessor, 法学部, 教授 (20029739)
ARAKI Nobuyoshi Rikkyo Univ., Law Faculty, Proffessor, 法学部, 教授 (30062665)
SAITO Toyoji Kanan Univ., Law Faculty, Proffessor, 法学部, 教授 (00068131)
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| Research Abstract |
The study surveys up-date data on juvenile justice systems and child welfare systems as a whole in five main industrial countries, such as Japan, the United States, the United Kingdom, Germany, France with some reference to Scandinavian countries and Canada. It focuses on how these countries are striving to protect rights of child, as embodied in the International Treaty on the Rights of Child. The survey was conducted by way of a questionnaire of twenty-five subjects. The questionnaire which contains in total 225 topics, is systematically constructed so as to cover the three critical phases in treating juvenile delinquents : pre-trial phase, trial phase, and decision and treatments phase. A comparative tableau thus gained covers actual situation of protection of child's rights in juvenile justice systems in so-called main industrial countries. The latest information about related legislation and court-rulings as well as legal practices can be referred in this study, with some expert r
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emarks in each countries which have been gathered by mailing or interviews.
The study also presents a comparative feature on the subject, intervening basic concepts such as "due process of law, " "parens patriae, " "pro protective-measures, " "pro punishment, " "inquisitorial system, " "adversary system, " with international trends risen from international instruments such as "the United Nations Standard Minimum Rules for the Administration of Juvenile Justice (Beijing Rules), " "the International Treaty on the Rights of Child." In the course of scrupulous analysis, the comparative perspectives may contribute to think over the Japanese Juvenile Law, with deep insights into controversy over competing procedural principles in juvenile justice systems which is recently taking place in our country.
Details must be referred to our work, "Juvenile Justice and Due Process, " which will be published within the financial year of 1997 thanks to Grant-In-Aid-For-Research-Result-Publication of the Ministry of Education. Summing up, the study tells that juvenile justice systems in main industrial countries show relevant differences from one another in priorities of concerns and modes of protection of rights, which reflect historical, political or sociological diversities in those countries, that at the same time each countries is heading for more adequate protection of child's rights in general, which would be supported and encouraged by the international standards as cited before. Less
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