증거법 분야의 개정방안

• 영문명: A Review of Reform Proposal in Evidence Law
• 발행기관: 한국형사법학회
• 저자명: 변종필(Byun, Jong-Pil)
• 간행물 정보: 『형사법연구』형사법연구 제23권 제1호, 27~56쪽, 전체 30쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2011.02.27

영문 초록

Criminal procedure law was changed in full width in 2007. A lot of parts of the reformed law are by and large satisfactory in that they contributed to the improvement of legality and transparency in investigation procedure and the guarantee of the rights of the suspects or the accused. But there are some parts which need to be amended or complimented because of their faults. Therefore, the Korean Criminal Law Association composed autonomously the committee for reforming such provisions. It discussed direction of reform and concrete regulation, and as a result put out a revised plan. The main purpose of the proposal are connected with the stress on public trial and the high guarantee of defensive rights of the suspects and the accused in criminal procedure. Its concrete contents are as follows: To compliment §308-2(about exclusionary rule), to abolish §312②, to regulate the proviso part in §313① into two parts, to change one of exception causes in §314, to delete the brackets part in §316① and to repair §318-2 for protecting the accused. In this paper I examined the proposal and its contents in critical consideration. From my point of view it seems to be very appropriate. Because the proposal is totally in harmony with the idea of emphasis on vitalization of public trial, the procedural dimension of truth-concept, the protection of defensive rights of the accused and the intent of hearsay rule.

목차

Ⅰ. 머리말

Ⅱ. 개정안에 대한 검토

Ⅲ. 맺음말

〈Abstract〉

키워드

증거법 공판중심주의 진실개념의 절차적 지평 한국형사법학회 개정안 evidence law vitalization of public trial procedural dimension of truth-concept reform proposal of The Korean Criminal Law Association