家庭裁判所が果たすべき役割に関する弁護士の意識
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概要
- 論文の詳細を見る
I would like to conduct this study to make clear practicing lawyers' thinking on the role of a Japanese family court in the juvenile justice system. This study is based on the research which I did on lawyers' thinking of the juvenile justice. In the juvenile justice lawyers as attendants play important roles. It is essential to know how they think on the role of the family court when we rethink the expected role of the family court and the juvenile law. My research objects are lawyers who had experiences as attendants. My research includes questions on the purpose of the juvenile law, the standard of the disposition, the concept of the pre-delinquency, the guarantee of the due process of law, the expected juvenile justice system and so on. Using some questions, I make four categories; 1. pure protection type (the abolition of referral to the public prosecutor leaving only protective measures for juvenile delinquents in family court), 2. pro present system type, 3. emphasis on family court function type (both punishment and protective measures are available in family court) and 4. mixed type. Then I make crosstables between questions and the four types. These crosstables show that lawyers in pure protection type have outstanding characters; many experiences as attendants in five years, emphasis of diversion of pre-delinquents from the family court jurisdiction and so on. Every lawyer is convinced that the family court plays important roles in the juvenile justice system. But lawyers think that the family court should not have welfare functions but stronger judicial functions.
- 日本犯罪社会学会の論文