Total research on case management and lawsuit process of criminal cases
Total research on case management and lawsuit process of criminal cases
批准号:
13302005
负责人:
ODE Yoshitomo
金额:
$13.89万
依托单位:
依托单位国家:
日本
项目类别:
Grant-in-Aid for Scientific Research (A)
财政年份:
2001
资助国家:
日本
项目状态:
已结题
起止时间:
2001 至 2003
中文摘要
首先,从理论上考察了国内外许多诉讼程序研究的目的和存在的问题,对诉讼中的国家利益以及日本诉讼程序的现状和问题进行了必要的研究。其次,从案件管理和诉讼程序的正当性角度,对横滨案、佐山案、大崎案、后州保险谋杀案、转售案、和歌山案、利津案等多个具体的案件进行了诉讼程序的案例研究。与研究人员以外的许多执业律师合作。第三,海外Re…国外如德国、英国、台湾、法国、意大利等国家对案件管理和诉讼程序进行了较多的研究,取得了丰硕的成果,发现许多国家都或多或少地对诉讼自由裁量权感兴趣,但制度化程度非常有限。此外,还对案件管理制度及其任务进行了研究。在此基础上,对每个研究组成员进行了专题研修会和海外调研,全体成员举行了联合研修营会议,分享研究成果,其他研究支持者也加入进来,在各个领域展开了许多积极的讨论。通过从新的三个角度审视目前诉讼程序依赖检察官的问题,从理论和实践上找到了明确刑事案件管理诉讼具体制度框架的基本方案的一些线索,以提高人们对诉讼的兴趣;1.诉讼透明度2.诉讼倍增3.公民参与诉讼减少
英文摘要
First of all, a necessary research on national interests in lawsuit and a present condition and issues of lawsuit process in Japan has been done by investigation of goals and open issues of many studies on lawsuit process inside and outside of Japan from the theoretical point of view. In the process of major restructuring of criminal law in Japan, thanks to a cooperation of many researchers and practicing lawyers other than members of this research, this research and study has been done with many discussions on the issues of case management and lawsuit process with wide scope.Secondly, a case research on lawsuit process has been done with many detailed cases such as case of Yokohama, case of Sayama, case of Oosaki, case of murder-of Hounjou Insurance, case of Resale, case of Wakayama Curry, case of lizuka and so on, from the point of view of propriety of case management and lawsuit process, with a cooperation of many practicing lawyers other than research members.Thirdly, a overseas re … More search on case management and lawsuit process in foreign countries such as Germany, England, Taiwan, France, Italy, has been conducted with fruitful results in order, finding that there are many countries where they are more or less interested in lawsuit discretion but have institutionalized very limitedly. Also, their case management system and its missions have been studied.In addition to the above, each research members has been executed study meetings and overseas research on each theme and all members have conducted a joint study camp meeting to share research results, where other research supporters have joined in, making many active discussion coming out in various fields.As a result, some clues to clarify basic scheme of a concrete system framing of lawsuit for management of criminal cases in order to have people get more interested in lawsuit has been found, by examining, theoretically and practically, problems of the present lawsuit process relying on prosecutors from the new three points of view as follows ;1.transparency of lawsuit2.multiplied lawsuit3.civil participation in lawsuit Less
期刊论文(0)
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会议论文
A study of theory and Practice on defense counsel
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批准号:02620024
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项目类别:Grant-in-Aid for General Scientific Research (C)
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资助金额:$0.96万
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财政年份:1990
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负责人:ODE Yoshitomo
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依托单位:
海外基金