アメリカにおける組織犯罪と民事責任 : Civil RICO法の理念と現実(前野育三教授退任記念論集)

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1. This paper is concerned with civil liability for organized crime, especially the comparative analysis of compensation systems in the U.S.A and Japan. Recently organized crime has increased in other countries as well as in Japan. There are many racketeering activities which are engaged in for enterprise, for example, murder, gambling, arson, robbery, bribery and extortion, unlawful debt, dealing in narcotics or other dangerous drugs. In Japanese traditional criminal cases, executive criminals are punished, but managing staffs, who are in the background of enterprises, often escape punishment because plaintiffs fail in the proof of aiding and abetting. In civil liability cases, usually executive criminals are lacking in resources for compensation, on the other hand, managing staffs tend to escape liability for the same reasons as in the criminal cases. 2. 1970, U.S. President Nixon signed the Organized Crime Control Act including the "Racketeer Influenced and Corrupt Organizations" (RICO). These federal laws are aimed at providing tools to "launch a total war against organized crime". RICO authorizes government staff to move against defendants in criminal prosecutions, civil proceeding, or both. It also authorizes private persons to sue and recover treble damages and costs including reasonable attorney fees (this system called Civil RICO). In those days, the media focused on RICO's criminal remedy, but paid RICO's private remedy little immediate notice. Nowadays, RICO's private litigations have exploded, and it arouses many legal debates among lawyers and scholars. 3. Japan indeed has the Organized Crime Control Act of 1999, but it provides nothing to allow private person to sue and recover damages. So some Japanese lawyers insist on bringing in a private remedy system like the Civil RICO. However, in the U.S.A, Civil RICO has so many problems; especially for respected and legitimate 'enterprises' who find difficult to bear heavy treble damages when some subordinates have engaged in racketeering activities. This is the most important crux for the introducing of Civil RICO into Japan.

著者

田上富信
関西学院大学大学院司法研究科

アメリカにおける組織犯罪と民事責任 : Civil RICO法の理念と現実(前野育三教授退任記念論集)

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