NCJ Number
49802
Journal
HOMU SOGO KENKYUSHO KENKYUBU KIYO Issue: 20 Dated: (1977) Pages: 195-205
Date Published
1977
Length
11 pages
Annotation
A STUDY OF THE VARIOUS THEORIES AND APPLICATIONS OF CRIMINAL JUSTICE TODAY IN ASIA CONCENTRATES ON IRAN, AFGHANISTAN, INDIA, INDONESIA, S. KOREA, NEPAL, THE PHILIPPINES, SINGAPORE, SRI LANKA, AND THAILAND.
Abstract
THIS ARTICLE DEALS WITH THE NATURE OF CRIMINAL JUSTICE IN ASIA, CONCENTRATING ON DIFFERENCES IN THE SEVERITY AND TYPES OF PENALTIES, AND THE RELEVANCE OF FOLKWAYS AND RELIGIOUS CUSTOMS TO THE ADMINISTRATION OF JUSTICE IN VARIOUS ASIAN COUNTRIES. DIFFERENCES IN ORGANIZATION AND INFORMATION GATHERING ARE DISCUSSED. THE ARTICLE ALSO EXAMINES THE THEORETICAL BASES FOR WHETHER THE HANDLING OF OFFENSES GIVES GREATER OR EQUAL WEIGHT TO THE FACTORS OF RETRIBUTION, THE REMOVAL OF THE OFFENDER FROM SOCIETY, THE CREATION OF AN EXAMPLE TO OTHER POTENTIAL OFFENDERS, OR REHABILITATION. COUNTRIES WHOSE SYSTEMS AND APPROACHES ARE EXAMINED IN SOME DETAIL ARE AFGHANISTAN, INDIA, INDONESIA, IRAN, SOUTH KOREA, NEPAL, THE PHILIPPINES, SINGAPORE, SRI LANKA, AND THAILAND. ATTENTION IS ALSO GIVEN TO THE IMPORTANCE OF THE VARIOUS RELIGIOUS AND ETHICAL BASES INVOLVED, AS IN HINDUISM, ISLAM AND BUDDHISM; AND TO THE HISTORICAL CRIMINAL JUSTICE CODES AND TRADITIONS OF THE VARIOUS COUNTRIES AND CULTURES INVOLVED, SUCH AS THE INDIC, ISLAMIC, AND BRITISH TRADITIONS OF JUSTICE. VERY PROGRESSIVE SYSTEMS, SUCH AS THOSE OF HONG KONG AND SINGAPORE, BASED ON BRITISH MODELS, ARE CONTRASTED BY CASE WITH SYSTEMS SUCH AS THOSE OF IRAN AND NEPAL, BASED RESPECTIVELY ON THE ISLAMIC AND INDIC-BUDDHIST TRADITIONS. A BIBLIOGRAPHY IS APPENDED. --IN JAPANESE.