Crime, Punishment and Criminal Procedure of Medieval Japan

本研究的主要目的是调查“Kendotokubun”（地主处理刑事案件时获得的利益）的制度和实际情况，并重新考虑以前对“Bakueki”（赌博）和“违反道德的性犯罪（强奸或通奸等）”的研究。本文的主要目的是对中世纪法律的资料中有关犯罪和刑罚的关键词进行数据库的整理，并在1998年统计了66个有关犯罪、刑罚、刑罚和刑事诉讼程序被选中，搜索和拿起'Kamakura-ibun'和'Chusei-Hosei-Shiryo-shu（中世纪法律的渊源）“等。经过研究，发现了多达15000字的文字，如果制成数据库，将大大有助于未来的刑法史研究。在过去的一年里，在完成了关键词的整理之后，就开始了数据库的建立工作，这也是本研究的主要工作。本年度的研究目的是分析和发表研究结果，但由于阅读材料的困难而推迟了。尽管如此，这份报告还是建立了关键词数据库，这必将有助于中世纪犯罪史研究的发展。目前，正在撰写一篇关于“Bakueki”的文章，并正在准备重新考虑中世纪的“Kendokubun”。这两本书都将在下一个财政年度出版。

The main purpose of this study is to investigate the system and the actual situation of 'Kendantokubun' (the interest to be gained by land lords when they treat criminal cases) and to reconsider the previous studies of 'Bakueki' (Gambling) and 'sexual crimes against morality (rape or adultery etc.)' , in order to clarify what acts for what reasons were presumed as crimes and according to what procedures those acts were punished.Furthemore, the purpose of this sutdy is to make a data base of key words relating to crime and punishument which ware found in the medieval legal sources previously published.In the fiscical year of 1998, 66 key words relating to crime, pinishment, and criminal procedure were selected, searched for and picked up in the 'Kamakura-ibun' and 'Chusei-Hosei-shiryo-shu(Medieval Legal Sourses)' etc.After that research as much as 15000 words were found, which if made into a data base could greatly contribute to the future research of criminal law history.In the last fiscical year, after accomplishing compilation of the key words, the work on creation of a data base began, ans so thus the main work of this study. In present fiscical year, the aim of this research is to analyze and publish the results, which was delayed due to dificulties with reading the materials. Nevertheless the data base of key words was created in this very report, which will certainly contribute to the development of studies in the medieval criminal history. Presently, an article on 'Bakueki' is being written and the reconsideration of the medieval 'Kendantokubun' is in process of preparation. Both will be publish in the next fiscical year.