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

对于在调查期间可能出现的对人权的不当限制，几乎每一项刑事诉讼程序在起诉前都有补救制度，希望该制度对希望得到立即和有效补救的有关人员有良好的作用，并且也适合司法制度。本研究旨在寻找和分析日本救济制度改革的理论要点。日本现行刑事诉讼法有准上诉制度，其适用对象几乎局限于强制措施案件。因此，为了审查它是否适合日本的刑事诉讼程序，本研究特别讨论了应如何裁决强制措施的问题，以及第197(1)条规定的原则应如何发挥作用。

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.