システム性事故における法的問題 : 航空運航システムと刑事過失責任

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Modern communities have evolved so quickly during the past half century that existing principles of law have been found inadequate in providing the control necessary to safeguard the interest of the new society. New problems have been created by the growth of transport of all kinds, the increasing perplexity of industry, some problemes of medical malpractice and the computerization of all industries. Particularly, the arrival of the aircraft can be said to have initiated a transport revolution. If an aircraft accident will happen in the territorial air of Japan, police and prosecutor will start in crime detection immediately apart from making investigation into the cause of the accident. According to the past criminal trials on the aircraft accidents in Japan, the pilots or the air traffic controllers concerned were almost adjudged guilty of "negligence in the conduct of business" in article 211 of the Penal Code in Japan. In most cases of these criminal trials, judges were interested in "the result" more than "the cause" of these accidents. But the normal pilots has neither an intention to commit harm, nor does he control his aircraft recklessly not caring about the consequences. In this article, author proposed that a new standard of criminal negligence of pilots and controllers about aircraft accident would have to be set. Factors of criminal negligence of pilots and air traffic controllers are 5M as follows ; *man (physiological factors, physical factors, psychological factors) *machine *media (man-machine interface) *management *mission
東海大学の論文
1992-03-30

システム性事故における法的問題 : 航空運航システムと刑事過失責任

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