A study on the quasi-kokoku appeal and remedies at pre-prosecution.

对于侦查过程中可能出现的对人权的不当限制，每一项刑事诉讼程序都有一个起诉前的补救制度，这一制度对希望得到立即和有效补救的当事人有利，对司法制度也是适当的。本研究的目的在于寻找和分析日本职官制度改革的理论依据。日本现行刑事诉讼法中存在准国上诉制度，其适用对象几乎局限于强制措施案件。因此，为了检验它是否适合日本的刑事诉讼，本研究特别探讨了如何规定强制措施的问题，以及第197条第1款中的原则如何运作。

About every criminal procedure has remedy-system at pre-prosecution for undue restriction of human rights that may arise during an investigation, and it is desirable that the system works good for the involved persons that wants immediate and effective remedy, and that it also appropriate for the justice system. This study was aimed to find and analyze the theoretical points which may be important for the remedy-system reform in Japan. Japanese current law of criminal procedure has quisi-kokoku-appeal system, and its targets are almost limited to cases of compulsory measures. Therefore in oder to examine whether it is proper for Japanese criminal procedure, this study wrestled particularly with the problem how compulsory measures should be ruled, and how the principle found in Art. 197(1) should work.