Total research on case management and lawsuit process of criminal cases

刑事案件办案与诉讼流程综合研究

• 批准号: 13302005
• 负责人: ODE Yoshitomo
• 金额: $ 13.89万
• 依托单位: KYUSHU UNIVERSITY
• 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
• 起止时间: 2001 至 2003
• 项目状态: 已结题
• 来源: https://kaken.nii.ac.jp/grant/KAKENHI-PROJECT-13302005/
• 关键词: prosecutor; prosecution; criminal lawsuit; lawsuit discretion; lawsuit process; plea-bargaining; 訴追猶予; 起訴便宜主義; 起訴法定主義; 刑事事件処理; 基礎便宜主義; 起訴猶予; 起訴; 不起訴

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

首先，从理论的角度考察了国内外诉讼程序研究的目的和存在的问题，对诉讼中的国家利益和日本诉讼程序的现状和问题进行了必要的研究。在日本刑法的重大改革过程中，由于本研究课题组成员以外的许多研究者和执业律师的合作，本研究对案件管理和诉讼程序问题进行了广泛的探讨。其次，对诉讼程序进行了案例研究，列举了横滨案、狭山案、大崎案、本文从案件管理和诉讼程序的适当性的观点出发，在研究委员以外的多名执业律师的合作下，对“银条保险杀人案”、“转售案”、“和歌山案”、“咖喱案”、“梨冢案”等进行了分析。 ...更多信息 对国外德国、英国、台湾、法国、意大利等国家的案件管理和诉讼程序进行了系统的考察，发现许多国家或多或少地对诉讼自由裁量权有兴趣，但制度化程度很低。此外，还研究了个案管理系统及其任务。除此之外，每个研究成员还就每个主题进行了学习会议和海外研究，所有成员还举行了联合学习营会议，分享研究成果，其他研究支持者也加入进来，在各个领域进行了许多积极的讨论。因此，从三个新的视角对现行检察机关诉讼程序存在的问题进行理论和实践的审视，为厘清刑事案件管理诉讼具体制度框架的基本思路，提高人们对诉讼的兴趣提供了线索：1.诉讼的透明度2.成倍的诉讼3.民事参与诉讼减