いじめと少年司法 (課題研究 『いじめ』問題と少年司法の限界)
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概要
- 論文の詳細を見る
Ijime (bullying) and juvenile delinquency are considered separately. As a result, domestic courts, the institutions which generally deal with juvenile delinquency, rarely examined cases of Ijime in the past. However, with Ijime having come to be treated as a major social problem, the situation is changing. To cope with cases where Ijime has reached proportions serious enough to justify legal procedures, a full understanding of the distincive nature of Ijime is necessary. The use of a defined concept of Ijime has the advantage of helping us to better our understanding of children's behavior and human relationships. However, if we make Ijime simply a judicial matter, there is a danger that legal institutions will become involved and take coercive measures in cases which were originally meant to be treated by educational and welfare institutions. The problem of whether or not juvenile law and jurisdiction is an appropriate way to settle cases of Ijime requires careful consideration. Ijime appears in many types of juvenile law cases in a variety of forms. For example, 1. When the act of Ijime itself is perceived as a crime. 2. While appearing to be unrelated, the case actually involves Ijime or the grave results thereof. 3. When the victim retaliates against the perpetrator of Ijime. One distinctive characteristic of Ijime is that it is swayed to a certain extent by the victim's perception of pain and anguish. For this reason, the viewpoint of protection of the victim is called for to a comparatively greater extent than other types of cases involving juveniles. In juvenile law, judicial procedures take the facts of the juvenile delinquency into consideration against a backdrop of the need for protection of the parties. How should Ijime be placed within this framework? Depending on whether we consider Ijime in terms of the factual aspects of the juvenile delinquency or in terms of the need for protection, there is bound to be a substantial discrepancy in the results. In cases of Ijime, it is necessary to adopt measures which take the growth and development of both the perpetrator and the victim into consideration.
- 日本犯罪社会学会の論文