2007 Fiscal Year Final Research Report Summary
The research on criminal justice in pre-modern Japan
| Project/Area Number |
17530012
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| Research Category |
Grant-in-Aid for Scientific Research (C)
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| Allocation Type | Single-year Grants |
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| Section | 一般 |
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| Research Field |
Fundamental law
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| Research Institution | Ritsumeikan University |
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Principal Investigator |
OHIRA Yuichi Ritsumeikan University, College of Law, Professor (00102161)
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| Project Period (FY) |
2005 – 2007
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| Keywords | not guilty / the principle of declaring guilty / the principle of laying stress on confession / the principle of selection / inquisitorial procedure / pre-inquisition / 刑事裁判像 |
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| Research Abstract |
According to the traditional research, the principles of the criminal procedure of Tokugawa Shogunate were made of, at first, the principle of selection, the second, the principle of laying stress on confession ,and the third, the principle of declaring guilty. The result of this theory was that all criminal cases should be guilty.
My reach tried to modify this traditional theory. The court of Nagasaki Bugyo sometimes declared persons not guilty. The court did not persisted in finding the accused guilty, and therefore, the traditional image of criminal procedure in the pre-modern time that the inquisitorial procedure always produce the sentence of guilt, should be revised. If so, we need to make a new research. When the system of nearly always passing the sentence of guilt…Judge declare 99% of accused guilty…was made up in contemporary Japan?
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