형사소송법학의 중심 잡기

• 영문명: Discussion about ideas and values of the Criminal Procedure Code
• 발행기관: 한국형사법학회
• 저자명: 천진호(Chun, Jin-Ho)
• 간행물 정보: 『형사법연구』형사법연구 제23권 제3호, 61~86쪽, 전체 26쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2011.03.01

영문 초록

In recent years, National Assembly and the Ministry of Justice has been working on the revision of the Criminal Procedure Code. Relations agencies in favor of their own to the revision are actively involved. Study of the Criminal Procedure Code so that these institutions are involved in the study concerns the flows are becoming a reality. Theory of the Criminal Procedure Law and the interpretation of the legislation and practices through demonstration is to show the direction of. Amendments to the Criminal Procedure Code in such a teaching and research groups are excluded while the Outsider is like. Law enforcement agencies and courts in criminal investigations and court proceedings, is nestled into a great pillar. So how to interpret the Criminal Procedure Code and the legislative organs, depending on the course of the proceedings of the phase and convenience will be different. Criminal Procedure Code had to take the castle that is not political in nature. Nevertheless, the human rights of criminals over the realization of democratic ideas and values, and the realization of justice should not be ignored, the point is clear. Nevertheless, judicial reform or the introduction of advanced criminal justice system as a justification for the ongoing revision process of the Criminal Procedure Code and look at the contents of the discussion, really criminal law had been sought by scholars until now have been reflected in values and ideology is suspect. Through the revision of the Criminal Procedure Act, each institution that they have more power or strength and I are trying to do, if not free, no longer a theoretical study of the Criminal Procedure Code can not be considered as law. Not only academic research scientists in various forms of social engagement have changed in a positive and realistic. According to subjective and academic research results to them in their own voice, pay, through this process has been developed for social and academic. Nevertheless, through the theory and implementation realities involved to satisfy the emotional staying power, the Polifessor type or Snoopyfessor to see that there is always the risk of falling. Institute of Criminal Law and also gets us to the center to pay their own voices, and the Society now brought into the discussion will be followed. Although the Ministry of Justice’s Criminal Procedure Code amendments are submitted to the National Society’s opinion, even if presented in the National Assembly, led by the Ministry of Justice and the Criminal Procedure Code that indicates the direction of the comments about the look is desirable. In addition, the Criminal Procedure Code and the Criminal Justice Institute, and the discussion of amendments to the Criminal Law Association takes over the discussion, led by the direction and content of legislation to do so will be identified.

목차

Ⅰ. 왜곡된 형사소송법학의 모습

Ⅱ. 제17차 형사소송법 개정 이후 개정 규정과 관련된 주요 판례

Ⅲ. 제17차 형사소송법 개정 이후 학술 활동과 연구 동향

Ⅳ. 법무부가 입법예고한「형사소송법 일부개정법률(안)」과 「형법 일부개정법률(안)」의 내용

Ⅴ. 국회 사법제도개혁특별위원회의 활동과 사법제도 관련 법률(안)

Ⅵ. 형사소송법학의 중심 잡기

[참고문헌]

[Abstract]

키워드

사법개혁 형사소송법 사법제도개혁특별위원회 제17차 개정 형사소송법 형법 개정 Judicial Reform Criminal Procedure Law Committee on Judicial System Reform 17th Revision of Criminal Procedure Law Revision of Criminal Law