형사절차상 피의자·피고인의 권리의 회고 및 전망

• 영문명: The review and prospect of the rights of the suspect and the accused in the criminal procedure
• 발행기관: 한국형사법학회
• 저자명: 최영승(Choi Young-Seung) 이은모
• 간행물 정보: 『형사법연구』형사법연구 제19권 제3호 (上), 87~110쪽, 전체 24쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2007.01.20

영문 초록

  In the criminal procedure, the position of the suspect and the accused is considered to be the central topic because of the status as the party concerned or as the object of the criminal process. There has been growing a lot of discussion about their status and rights, but their status and rights have certainly been regarded as less important than the efficient exercise of criminal justice by the government.
  Fortunately, the Presidential Committee on Judicial Reform opening on January 2005, suggested new directions to our criminal procedural system. The directions provided by the committee is to be carried out soon as the revision of the Criminal Procedural Act passed the National Assembly recently.
  This thesis deals with the historical changes of their rights along with the principles that control the criminal procedure in relation to the case law and the real practice from 1945 until now. The history is composed of 3 periods; the first period, the second period and the third period from the political and social viewpoint.
  The thesis says that their rights are expanding the limits by going through the 16 times of changes since the enactment of the Criminal Procedural Act. Even though the expansion makes the future of their rights look optimistic, there still seems to be plenty of room for improving their rights.
  In other words, their rights could be guaranteed substantially. For this, courts should play the positive role in supporting their rights. Ultimately, it is more important for people concerned with criminal justice to change the way of thinking and try to have their rights secured than anything else.

목차

Ⅰ. 서론
Ⅱ. 시기별 피의자 등 권리의 변화
Ⅲ. 피의자 등의 권리보장의 현실 및 전망
Ⅳ. 맺는 말
〈Abstract〉
[토론문] ‘형사절차상 피의자？피고인의 권리의 회고 및 전망’에 대한 토론

키워드

피의자·피고인의 권리 자주적 형사소송법의 도입기 권리의 제약기 권리의 회복기 권리의 확장기 the rights of the suspect and the accused the period of introducing independent criminal procedural act the period of suppressing rights the period of recovering rights the period of expanding rights