| 授業の目的 【日本語】 | | |
|
| 授業の目的 【英語】 | | | The purpose of this course is to analyze the development of national criminal law under the influence of foreign and international law. There will be particular focus on comparisons between different judicial groupings such as common law countries, countries with the European continental legal tradition, Islamic countries, etc. |
|
|
| 到達目標 【日本語】 | | |
|
| 到達目標 【英語】 | | | Participants are required to report on their country's experience and their views on desirable legislation in the future. Legal systems in general as well as specific topics in criminal law and criminal procedure will be discussed. |
|
|
| 授業の内容や構成 | | Lecture / Theme / Lecture Course Description / Learning outside the class / Related page
1
Introduction
Purpose of the course. Introduction of various legal education and career systems.
preparation for self introduction including own research topic and interests in this course
2
History of Japanese criminal justice system
Brief explanation and comparison with world legal systems and cultures.
reading of textbooks
3
Basic structure of Japanese criminal justice system
Basic structure of Japanese legal system for criminal matter.
reading of distributed learning materials
4
Court system and court reports
Introduction of lay-judge system (saiban-in); juvenile courts.
study of Japanese public organs' websites
5
Purposes and principles of criminal law
Theories on punishment; Penalties; Legality principle (nulla poena sine lege).
reading of textbooks
6
Structure of the general part of criminal law
Common elements of criminal offences (constituent elements of crime – Illegality and justification – Culpability and excuse); Extension of punishments (attempts-complicity).
reading of textbooks
7
Topics in the general part of criminal law
Technology and criminal law; Vagueness Doctrine; Democracy and criminal law; Substantive due process.
preparation of discussion on comparison between Japan and home countries
8
Structure of the special part of criminal law
Crimes against individuals (crimes against life and body – crimes against liberty and fame – crimes against property); Crimes against society; Crimes against the State.
reading of textbooks
9
Topics in the special part of criminal Law
Public morals and criminal law in Japan; Regulations relating to the family; protection of children; Freedom of speech.
reading of textbooks
10
Business activities and crime
Corruption; Criminal responsibility of legal persons; Protection of intellectual property; Cyber-crime; Anti-monopoly law.
reading of distributed materials
11
Future of Japanese criminal law
Recent reforms; International Criminal law and Japan.
preparation of discussion on comparison between Japan and home countries
12
Future of Japanese criminal procedure
Amendements of the Criminal Procedure Code and the Juvenile Law.
reading of distributed materials
13
Criminal law in Central and East Asian countries
Presentations.
preparation for own presentation on comparison between Japan and home countries
14
Criminal law in Southeast Asian countries
Presentations.
preparation for own presentation on comparison between Japan and home countries
15
Closing discussion
Summary of the course.
taking notes of the obtained information
|
|
|
| 履修条件・関連する科目 | | | Knowledge on the legal system of home country |
|
|
| 成績評価の方法と基準 | | | Participation Presentation on the participant’s national criminal legal system |
|
|
| 教科書・テキスト | | | Handouts and materials will be distributed at the beginning of the course. |
|
|
| 参考書 | | | Oda, Hiroshi (2009). Japanese Law, 3rd edition. University of Oxford Press. ISBN 978-0199232185 (Paperback 2011, ISBN 978-0199642069) Pedriza, Luis (2017). Lectures on Japanese Law from a Comparative Perspective, Osaka University Press. ISBN 978-4872596052 |
|
|
| 課外学習等（授業時間外学習の指示） | | | Participants are required to prepare for brief introduction of themselves as well as their research interest before the course. During the course, reading of distributed texts and materials are expected. Preparation for presentation at the end of the course is also necessary. |
|
|
| 注意事項 | | |
|
| 授業開講形態等 | | |
|
| 遠隔授業（オンデマンド型）で行う場合の追加措置 | | |
|