형사재심제도의 한계와 구조에 관한 재조명

• 영문명: A Study on the Limitation and Structure in the Criminal Retrial System
• 발행기관: 한국형사법학회
• 저자명: 이용식(Lee Yong-Sik)
• 간행물 정보: 『형사법연구』형사법연구 제19권 제3호 (下), 755~776쪽, 전체 22쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2007.01.21

영문 초록

  Recently, the application of the criminal retrial system is on the rise. But there are many problems connected with the criminal retrial system. In addition because of the preponderance of the discussion about the demonstration and obviousness of an new evidence in the criminal retrial system, the situation is growing from bad to worse. To surmount these problems, it is necessary to convert our visual angle to the problem of the limitation and structure in the criminal retrial system.
  Before everything, it is necessary to begin by researching the meaning of the criminal retrial system. In relation to the meaning of the criminal retrial system, we have to take notice that the criminal retrial system is a special emergency procedure for the realization and correction of the legal justice which was distorted by the court"s misjudgment. The criminal retrial system is different from the ordinary appeal system.
  And we can deduce the limitation and structure of the retrial system from this meaning of the criminal retrial system. the criminal retrial system is fixed the limit by the legal stabilization. The notion of this legal stabilization includes a double meaning. That is the accused"s legal stabilization and the jurisdiction"s legal stabilization. the latter is a attack point of the criminal retrial system, the former is the limit of the criminal retrial system. This interpretation is coincident with our Constitution and Criminal Procedure which only permit the criminal retrial for the benefit of the accused.
  And Understanding the double meaning about the legal stabilization is very important to grasp the structure of the criminal retrial system. Our criminal retrial system is composed of two step: the beginning procedure and examination procedure. Especially the court"s role in the beginning procedure of the retrial is very important. In my opinion, it is desirable that the court must adopt a neutral but active attitude in the beginning procedure. Because the criminal retrial system is a special emergency procedure for the realization and correction of the legal justice which was distorted by the court"s misjudgment.

목차

Ⅰ. 서설
Ⅱ. 형사재심제도를 바라보는 두 가지 시각
Ⅲ. 형사재심의 구조의 재정립
Ⅳ. 형사재심의 바람직한 운영을 위한 제도적 보완점
Ⅴ. 결론
〈Abstract〉

키워드

형사재심제도 형사재심의 한계 법적안정성의 이중적 의미 재심개시절차 Criminal retrial system Limitation of the criminal retrial Double meaning of the legal stabilization Beginning procedure of the criminal retrial