RECONSTRUCTION OF ORGANIZATIONAL CRIMINAL LIABILITY THEORIES

该研究项目由首席研究员进行，计划为期两年。由于2002学年是第二学年，也是最后一年，研究分为以下三个阶段完成：1)第一阶段，开始了一篇关于日本法院和有影响力的学者最近对日本税法附带处罚法规的解释的论文，但遗憾的是，它的完成被暂停了。因此，在研究结果的报告中，对口译的现状进行了相当详细的批判性分析。暂停的原因是，在学术讨论中突然出现的原教旨主义攻击中，需要先写一篇捍卫组织刑事责任理论的论文。新西兰和澳大利亚的研究之旅的准备工作也是在这个阶段进行的，这对理解“企业文化”等新概念有很大的帮助。2)新西兰和澳大利亚的研究之旅是第二阶段的主要内容。不出所料，它产生了关于组织和政府刑事责任的非常有趣的未知信息和材料。即使在这些国家，学术界对政府或其机构的可惩罚性的看法也存在分歧，但有一个共识：很难找到政府豁免的理论依据。3)第三阶段被紧急重新设计，写一篇论文，为组织刑事责任理论的发展辩护，使其免受最近学术讨论中突然出现的原教旨主义攻击。现在需要的是分析这一运动的原因和政治含义。

This research project was conducted by the head investigator for the planned two years. Since the academic year of 2002 was the second and final year, the research was completed in the following three phases :1) In the first phase, a paper on the recent interpretations of collateral punishment statutes in Japanese tax laws by the courts and influential scholars had been started, but regrettably its completion was suspended. So, in the report of the research result, critical analysis of the current situation of the interpretation is described in rather detailed manner. The cause of the suspension is the need to first write a paper in defending organizational criminal liability theories from the fundamentalist attacks that suddenly appeared in the academic discussion.The preparation for the research trip to New Zealand and Australia was also conducted in this phase, and it gave quite helpful insight in understanding new concepts such as 'corporate culture.'2) The research trip to New Zealand and Australia was the major part of the second phase. And, as expected, it yielded very interesting unknown information and materials on organizational and governmental criminal liabilities. Although even in these countries, the academic opinions on the punishability of the government or its agencies are divided, there is a consensus: It is hard to find a theoretical justification of the Government immunity.3) The third phase was urgently redesigned to write a paper that defended the development of organizational criminal liability theories from the fundamentalist attacks that suddenly appeared in the recent academic discussion. What is now needed is to analyze the cause and the political implication of such a movement.