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裁判員制度と日本的司法観
Jury System and Japanese view of Legal System

  • Journal
    동북아법연구 KCI 등재 Shortcut
  • Issue (Year)
    제4권 제2호 (2010.12) Shortcut
  • Page
    pp.37-48
  • Authors
    東川浩二
  • Language
    일본어(JPN)
  • URL
    https://www.earticle.net/Article/A239533

원문정보

Abstract

영어
The Japanese law can be characterized as a Champon oodle,which is a Chinese origin food and known as a dish you can enjoy a variety of ingredients in rich flavored soup. In Japanese history,we have introduced some ingredients(= foreign laws) in to the bowl of soup(= Japanese law based on Asian legal tradition). Some ingredients go well with the soup, and some don’t.
In this article, I will examine a Japanese view on criminal trial. In Part II, I will provide the brief history of reception of foreign laws in Japan. And Part III of this article will explore the reason why the Japanese government chose the lay judge in German, not the jury in the U.S., pointing the Japanese view on criminal trial shared by the government and the Japanese people as well. In Part IV, I will summarily conclude that we need the criminal justice system more for the punishment to the wrongdoer than for the protection of the criminal defendant.

Contents

I. はじめに
 II. 日本における外国法の摂取
 III. .裁判員制度と日本的司法観
 IV.おわりに
 참고문헌
 ABSTRACT

Authors

  • 東川浩二 [ Higashikawa Koji | 일본 금택대학 ]

Reference

    간행물 정보

    • Journal
      동북아법연구 [Northeast Asian law journal]
    • Frequency
      연3회
    • pISSN
      1976-5037
    • Date range
      2007~2026
    • Registration
      KCI 등재
    • Category
      KDC 369 DDC 341