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2008.06.02

被害者に少年審判傍聴を認める少年法改正案の動向

 被害者やその遺族に少年審判の傍聴を認めることなどを内容とする少年法改正案が、2008年5月30日、衆議院法務委員会で、政府案を修正した上で可決された。

 この少年法改正案は、2008年3月7日に国会に上程されたが、なかなか審議入りせず、当初は、審議期間があまり残されていないことから、今通常国会での成立は困難であると見られていた。

 ところが、与党と民主党との修正協議が行われ、与党が民主党の修正案を「丸呑み」する形で受け入れたことから、急転直下、今通常国会で成立する見込みとなったという。

 5月30日の衆議院法務委員会の審議では、午前中に参考人質疑が行われ、午後の審議には、民主党と与党の共同提案で修正案が提出され、質疑・討論ののち採決が行われ、社民党の保坂展人議員のみが反対し、賛成多数で修正案が可決された。6月3日の衆議院本会議で可決された後、参議院に送付され、6月5日頃から参議院法務委員会で審議入りし、6月10日頃には可決・成立の予定と伝えられている。

 なお、修正案は、傍聴を許可する裁判所の判断基準を明記している点や、傍聴の申し出があったときには弁護士付添人の意見を聴かなければならないとしている点、弁護士付添人がいない時は、少年及び保護者が必要としない意思を明示した時を除き、弁護士付添人をつけなければならないとしている点、12歳未満の少年の事件は傍聴対象外とするとしている点、家庭裁判所の説明制度の新設などを内容としている。政府原案より優れているとはいえ、根本的な問題が全て解消されている訳ではない。

 ちころで、この間の急転直下の経過については、社民党の保坂展人議員のブログ「保坂展人のどこどこ日記」に詳しく掲載され、早すぎる動きに対して警告を発している。

 5月27日の「改正少年法審議入り、『特急成立』への懸念」では、「重要な法案であれば、採決の結果だけがあればいいというものではない。審議の内容が重大だ。ついこの間まで、法務省もあきらめかけていた少年法で、「爆走」することでいい結果は何ひとつ生まないと思っている。」と述べられ、翌5月28日の「少年法、自公民合意で30日に『特急成立』か」では、「民主党案を与党が丸飲みしたから、成立させるしかないそうだが、それでも「水面下の修正協議」ではなく、国会の議事録に残る形できちんと議論をしなければならないと私は思う。」と述べられている。
 そして、5月30日の「5月の国会、『ガソリン対決』から『仲良しクラブ』か」では、「私は奇妙だと思う。少年法・修正案の裁決にはたったひとり反対したが、民主党はどうしちゃったのか。」「何のために、与党にそんなに協力するのか。物分かりのよい野党を演じることで、「後期高齢者医療制度への怒り」を焦点化する機会を自ら手放して、福田内閣の延命を援助して、何かいいことあるのかなと不思議になる。」と述べられている。

 全く同感である。特に、今回の少年審判を被害者等に傍聴させることを認めるということは、戦後でも最も大きな少年審判制度にとっての「大変革」であり、十分に時間を費やして、国会で論議が交わされるべき問題(イシュー)であるはずである。

 ところが、国会の中ではなく、その外で、与党と民主党が密室で協議をして、与党が民主党案を丸呑みするからということで、審議をほとんどしないまま、国会の会期に合わせて数の力で可決していくというやり方は、議会制民主主義という観点から見ても大きな問題を抱えていると言わなければならない。

 斉藤豊治・大阪商業大学教授は、2008年5月18日付毎日新聞の「発言席」欄で、次のように述べている。

 少年が心を開いて対話できる状態でなければ、内省は深まらない。被害者が少年審判に出席し、厳しいまなざしで傍聴すれば、少年は防衛的に心を閉ざしてしまい、中身のある対話が成り立たなくなる。(略)コミュニケーションが確保されなければ、罪の意識、責任の自覚も深まらない。(略)傍聴は、被害者の不満を増加させ、その要求は審判での尋問や質問の権利、高裁への不服申し立て権へとエスカレートし、少年審判を健全育成の場から公的な報復の場へと変質させる可能性がある。

 これらは、いずれももっともな指摘である。私は、今回の少年審判への「傍聴」というのは、被害者等の「参加」に他ならないと考えている。今回の法改正で「傍聴」だけが認められるが、被害者やその遺族は決してそれで満足することはできず、少年に対する質問権や不服申立権などの新設を要求し、国会は、それに応えるために、再び、少年法改正をしなければならなくなる事態が必ず近い将来来ることは避けられないと思う。

 被害者等の要求はそれとして理解できるとしても、政治がそれを実現するかどうかは別である。それを導入することが少年審判の健全育成の精神にどんな影響を与えるかどうかについて、現場の声を聞いたり、調査を実施するなどして、十分に調査・検討した上で、それを政策として実現するか否かを政治的に判断することが必要であり、単に被害者等の要求があるから実現するというのでは、およそ政治の名に値しないと言わなければならない。

 最近の国会はますます形骸化しており、「数合わせの論理」だけで全てが決せられているようであり、それでは、議会制民主主義の危機と言わなければならない。

 今回の少年法改正が、これまでの長年の少年審判における現場の努力を無にして、歴史に禍根を残さないためにも、今後は、慎重で徹底した審議を求めたい。

(2008.6.29追記)
 少年法の一部を改正する法律案は、2008年6月11日、参議院本会議で可決成立されて成立した。6月18日付で公布されて、それから6ヶ月以内で政令で定める日に施行される予定となっているから年内には施行されることになる。

【Today's Back Music】
 南 博/Hiroshi Minami Trio "Like Someone In Love"(EWCD0120)
  ピアニスト南 博が、トリオで、エヴァンス、ジョビン、モンクの楽曲を演奏した新譜。シンプルだが、味わい深い演奏で、何度聴いても飽きない素晴らしいアルバムである。

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