Introduction of the Saiban-in System and Reformation of Criminal Procedure in Japan
0
조회
0
다운로드
0
인용
0
참고문헌
키워드
초록
In 2004, Japan enacted a statute (the Saiban-in Act) to introduce a system oflay participation in criminal trials. In the new system, six people selected randomlyfrom among the citizens in each case would serve as Saiban-in (lay assessor)and, in collaboration with three professional judges, engage themselves indeciding both guilt and sentence in the trials involving capital and other seriousoffenses.1)After five years of preparation, the Saiban-in Act came into force on May 21,2009. In the four years and eight months since the first Sainban-in trial was heldin August that year, 6,530 defendants were tried by the mixed panel courts, inwhich 36,837 citizens served as Saiban-in and 12,597 as supplementarySaiban-in.2)The introduction of this new system, which almost necessarily accompanied severalimportant revisions in the Code of Criminal Procedure (CCP), has already led tonot only dramatic changes in the management and manner of criminal trials butalso significant developments in judicial precedents. It also seems to have beenchanging the attitudes of criminal justice professionals and even the public viewson criminal law and justice in the long run. In the following parts, I will give a brief survey on the backgrounds of theintroduction of the Saiban-in system and the ongoing reform which it has broughtabout in the Japanese criminal procedure.
Abstract
In 2004, Japan enacted a statute (the Saiban-in Act) to introduce a system oflay participation in criminal trials. In the new system, six people selected randomlyfrom among the citizens in each case would serve as Saiban-in (lay assessor)and, in collaboration with three professional judges, engage themselves indeciding both guilt and sentence in the trials involving capital and other seriousoffenses.1)After five years of preparation, the Saiban-in Act came into force on May 21,2009. In the four years and eight months since the first Sainban-in trial was heldin August that year, 6,530 defendants were tried by the mixed panel courts, inwhich 36,837 citizens served as Saiban-in and 12,597 as supplementarySaiban-in.2)The introduction of this new system, which almost necessarily accompanied severalimportant revisions in the Code of Criminal Procedure (CCP), has already led tonot only dramatic changes in the management and manner of criminal trials butalso significant developments in judicial precedents. It also seems to have beenchanging the attitudes of criminal justice professionals and even the public viewson criminal law and justice in the long run. In the following parts, I will give a brief survey on the backgrounds of theintroduction of the Saiban-in system and the ongoing reform which it has broughtabout in the Japanese criminal procedure.
참고문헌 (39)
- AOKI, EIGORO, "BAISHIN SAIBAN" (1981), Jury Trial
- Aoyagi, Fumio, "A Study on the Jury System and the Mixed Panel Court System", JOCHI HOGAKU RONSHU, 4(1), pp.27~ (1960)
- Doi, Masakazu, "Ruling System in Transformation", pp.241~ (2007)
- Hirano, Ryuichi, "Essays in Celebration for the 70th Anniversary of the Birth of Justice Shigemitsu Dando, Vol. 4", pp.407~ (1985)
- Hirano, Ryuichi, "Talking about the Citizens’ Participation in the Justice System", HO NO SHIHAI, 87, pp.38~ (1992)
- Hirano, Ryuichi, "A Proposal for the Adoption of a Mixed Panel Court System", JURIST, (1189), pp.50~ (2000)
- A Summary Report, "Ministry of Justice Deliberation Committee on the Saiban-in System", ~ (2013)
- Council on Legislation, "Special Division on the Criminal Justice System in New Era", Basic Designs for a New Criminal Justice System Conformable to the Contemporary Situation, 29 (2013)
- On How the Sentencing Deliberation in Saiban-in Trials Should Be, "Council on Legislation", Judicial Training and Research Institute, ~ (2012)
- Inouye, Masahito, "Proposals to Improve Criminal Trial Proceedings", SHIHO-KENSHUSHO RONSHU, 85, pp.93~ (1991)
- Inouye, Masahito, "Commentaries on the Chairperson’s Tentative Draft “the Outlines of a Thinkable Saiban-in System", ~ (2003)
- Inouye, Masahito, "The Course of Things up to the Introduction of the Saiban-in System and Its Outlines", JURIST, (1279), pp.74~ (2004)
- Inouye, Masahito, "Collected Legislative Materials of the Criminal Procedure Laws", Code of Criminal Procedure of 1948, 2 (2007)
- The Justice System Reform Council, "The Points at Issue in the Justice System Reform", ~ (1999)
- The Justice System Reform Council, "Recommendations of the Justice System Reform Council: For a Justice System to Support Japan in the 21st Century", ~ (2001)
- KANEKO, HAJIME, "New Constitution and the Justice System", ~ (1948)
- Kojo, Toshimaro, "Constitutionality of the Saiban-in System", GENDAI KEIJI-HO, 6(5), pp.24~ (2004)
- KYOKAI, HOGAKU, "Commentaries on the Constitution of Japan", ~ (1953)
- MARUTA, TAKASHI, "Thinking about a Jury Trial", ~ (1990)
- MATSUO, KOYA, "Horizon of Criminal Law Jurisprudence", ~ (2006)
- MATSUO, KOYA, "Criminal Trials and Citizens’ Participation", HOSO JIHO, 60(9), pp.2673~ (2008)
- MITANI, TAICHIRO, "The Jury System as a Political Institution", ~ (2013)
- Japan Federation of Bar Associations, "Proposals for the Purpose of Realizing a Jury System", ~ (2000)
- NISHINO, KIICHI, "Criticism Against the Saiban-in System", ~ (2008)
- Okahara, Masao, "On “the Act concerning the Suspension of the Jury Act”", HOSOKAI ZASSI, 21(4), pp.16~ (1943)
- Okubo, Taro, "Criticizm Against the Saiban-in System: a Sequel", HANREI JIHO, (1172), pp.3~ (2002)
- SAEKI, CHIHIRO, "Resurrection of Jury Trials", ~ (1996)
- Report of the Survey on Public Awareness concerning the Saiban-in System, "General Secretariat of the Supreme Court of Japan", ~ (2008)
- Report of the Examination on the Enforcement Situation of Saiban-in Trials, "General Secretariat of the Supreme Court of Japan", ~ (2012)
- General Secretariat of the Supreme Court of Japan, "Survey on Public Awareness concerning the Operation of the Saiban-in System", ~ (2013)
- General Secretariat of the Supreme Court of Japan, "Seido-Shiko kara Heisei 25 Nen 12 Gatsu-matsu (Enforcement Situation of the Saiban-in System until the end of December 2013", ~ (2013)
- Jury, "Mixed Panel Court or Professional Judges (2) From the Viewpoint of a Mixed Panel Court System Supporter", KEIHO ZASSI, 39(1), pp.30~ (1999)
- Jissi Jokyo, "Secretariat of the Justice System Reform Council, The Jury Trials Formerly Enforced in Japan)", Material, ~ (2000)
- Jury, "Mixed Panel Court or Professional Judges (1) From the Viewpoint of a Jury System Supporter", KEIHO ZASSI, 39(1), pp.18~ (1999)
- Takesaki, Hironobu, "Words for New Year", SAIBANSHO JIHO, (1545), pp.1~ (2012)
- Tatsuoka, Sukeaki, "How the Appellate Review on the Saiban-in Trial Court’s Judgment Should Be", RONKYU JURIST, (2), pp.77~ (2012)
- Toshitani, Nobuyoshi, "SENGO KAIKAKU Vol. 4" (1975), University of Tokyo Institute of Social Sciences
- Tsuji, Hiroyuki, "Commentaries on the Act for Revising Several Parts of the Code of Criminal Procedure", HOSO JIHO, 57(8), pp.2299~ (2005)
- Tsuji, Hiroyuki, "The Saiban-in Act and the Code of Criminal Procedure", ~ (2005)