共著者：上田純子

共同研究「経済刑法の理論的基礎とグローバル化のインパクト」

In 13 regular meetings during the three years’ period, members reported on various topics related to this research project and also invited a guest lecturer from the Japan Fair Trade Commission. As international joint research programs, we held two symposia with the Law School of the Wuhan University and another two with the Law School of the East China University of Political Science and Law. Main themes were stock market crime, financial crime and Internet economic crime. Reports from those conferences will be published as a book in one year.

Criminal law and company law scholars have joined forces to construct an effective and theoretically consistent linkage between the monitoring of corporate activities and sanctions against illegalities. The study has been carried out through critical analysis of the recent reform of the monitoring/sanction system and the practice in this field, and also through several fieldwork projects in England and Germany, each of which belongs to a different system of law, and thus the fieldwork results refer to each unique legal background and development.

The Great East Japan Earthquake saw a reduction in the number of reported crimes in stricken areas according to our analysis of the official statistics. In contrast, the result of our questionnaire survey of residents of the impacted area showed that incidents of piggyback crime were greater in those areas where damage was greater and recovery was slower. We conclude that it is necessary to quickly implement measures for crime prevention and damage recovery in those areas that have suffered more extensive damage. Because many government functions are impaired after a large-scale disaster, crime prevention activities by residents are necessary and effective.

Traditionally, Eastern Asian countries such as Japan, China, Taiwan or South Korea have independently developed their own criminal legal system under the influence of legal systems of Soviet Union, Germany or Japan. Economic criminal law has been one branch of it and legislation in this area has been mostly tackling concrete problems emerging newly. However, this study has clarified that in this field more and more common problems are emerging as economic activities are globalizing. In order to combat them, it is important for these countries to learn from each other their methods to solve them. This importance is not limited to concrete legislation but ranges over general principles of criminal law and sanctions systems in general, what indicates the necessity to continue analysis and proposal in the area.

The subject of the present research is management liability theories of large public companies, at the intersection of company law and criminal law. During the funding period between FY 2010 and FY 2012, the principal investigator Ueda has had several research trips to the United Kingdom and the second investigator Yamamoto to Germany for the purpose of collecting research materials as well as attending research events. They spoke at workshops and visited local research institutions to collect the necessary data, and later analyzed and evaluated them. As an interim outcome of their analysis and evaluation, they published “An Analysis of Business Judgment: The Quest for a Liability Framework from Comparative and Collateral Perspectives”, Journal of Law and Politics (Kyushu University), Vol.79, No.3, 2011, pp.365-404. They are currently going through the stage of publishing a final account of the present research.

競争刑法の基本法ともいえる独占禁止法罰則のうち、不当な取引制限の罪については、その行為態様の多様性と規制の効率性がとくに問題とされてきたところ、とくに、入札談合形式による不当な取引制限、とりわけ、いわゆる官製談合の構造を探求するとともに、独占禁止法上の行政制裁と刑罰との関係、刑法その他独占禁止法周辺の法令における規制間の関係について考察を加えた