2013 Fiscal Year Final Research Report
The investigation of the lay judge era
| Project/Area Number |
23530077
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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 |
Criminal law
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| Research Institution | Hiroshima University |
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Principal Investigator |
OKUBO Takashi 広島大学, 法務研究科, 教授 (20346472)
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| Project Period (FY) |
2011 – 2013
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| Keywords | 自己決定 / 利益衡量 / 任意捜査 / 捜査の限界 |
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| Research Abstract |
It is said that you should examine the new investigation beyond the conventional investigation technique to defeat deadlock of the past investigation, and to find the new prospects. However, it is necessary to find a common ground of the legality of the new investigation and the conventional investigation to join this to the Criminal Procedure Code of our country conformally. The base seems to arrive at the way of the controversial "self-determination" and "profit weighing" conventionally. Then, as for the new investigation, it becomes the premise to be the investigation supported by appropriate "profit weighing" without injuring free "self-determination". In the meaning, it is thought that "self-determination" and "profit weighing" are the core concepts of "an instruction idea" supporting the investigation.
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