会议专题

Prosecution System of Japan

Japan had been strongly influenced by the Chinese legal system since the sev-enth century. In 1890,Japan enacted the Meiji Constitution under the influence ofthe civil law countries, especially Germany. After its defeat in World War II, Japanimplemented the present Constitution,influenced United States law, since 1947without any change. A number of provisions regarding human rights in criminal mat-tern were introduced or stren沙ened in the Constitution(specifically,Articles 31 to40).In short, no person shall be arrested,searched or seized without a warrant is-sued by a competent judge except in a flagrant offence; be compelled to testify a-gainst themselves;or be convicted in cases where the only proof against them is theirown confession. An accused has the right to retain their own counsel. The Code of Criminal Procedure(hereinafter CCP) was also changed in 1949.The CCP was greatly influencedthe adversary party concept, especially in trial,and adopted the restrictive use of evidence and the need for a warrant for all kinds ofcompulsory measures.

Prosecution System Japan Criminal Procedure hereinafter CCP

Yamashita,Terutoshi

General Affairs Department,Tokyo Public Prosecutors Office,Japan

国内会议

中国政法大学诉讼法学研究中心刑事审前程序国际学术研讨会

北京

英文

696-735

2004-06-26(万方平台首次上网日期,不代表论文的发表时间)