대한민국, 일본국 양국의 국민참여 형사재판제도

• 영문명: Citizen's Participation in Korean, Japanese Criminal Trial System
• 발행기관: 충북대학교 법학연구소
• 저자명: 김재중(Kim, Jae-Jung)
• 간행물 정보: 『법학연구』第20卷 第1號 (2009), 189~213쪽, 전체 25쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2009.06.30

영문 초록

The lay participation trial being in force in Korea is going to realize the ideal of direct-democracy, raise the quality of judicial service and improve the judicial trust through reflecting the national common sense and experience in trial procedure and result(decision or judgment). But the writer, of course we can't achieve all at the very beginning, is hard to understand the current legal system that the judge is not bound by the verdict of jury and that in the trial on appeal case, the judge can reverse the original judgment(the verdict of jury) of the acquittal. The current system is in a time of transition and we must change it in the direction of placing a high value on verdict of jury. If we can't trust the good judgment of jury, there is no reason why the lay participation trial is in force in Korea. Also, we acknowledge rationality of the judgment but if we place the limit that the judgment of jury has advice effect, we believe blindly in the judge. In order to embody the judicature which the whole nation trust, each of us must carry out his own task sincerely. 1) The judge leads the trial procedure and assists the jury to decide reasonably. 2) The jury are mindful of their responsibilities. 3) The law supports the above-mentioned two. We must settle the problems mentioned in the enforcement of the lay participation trial and the writer thinks that the legal system in Japan is worthy of notice.

목차

Ⅰ.서론

Ⅱ.직업법관 재판제도와 국민참여 재판제도의 비교

Ⅲ.국민참여 재판제도의 유형과 그 비교

Ⅳ.우리나라 국민참여재판의 주요내용과 평가

Ⅴ.일본국 국민참여재판의 주요내용과 평가

Ⅵ.양국 국민참여재판에 대한 분석

Ⅶ.결론

참고문헌

Abstract

키워드

배심제도 참심제도 평결의 권고적 효력 재판원 제도 the jury system the jury system in Germany(Schoffengericht) the advice effect of the verdict the jury system in Japan