형법의 기능변화와 한계에 대한 성찰

• 영문명: A Study on the Functional Changes and Limits of Criminal Law
• 발행기관: 한국형사법학회
• 저자명: 이덕인(Lee, Deok-In)
• 간행물 정보: 『형사법연구』형사법연구 제24권 제3호, 35~62쪽, 전체 28쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2012.09.30

영문 초록

It is natural and reasonable for Criminal Law to be changed according to changing times and trends. Above all its precondition should be met, in order to examine to tell right (proper) from wrong (improper) of functional changes of Criminal Law. When it comes to it, whether Korean society is indeed dangerous or not and whether the dangers in the society are more increasing or not, compared with in the past should be the standard. As examined earlier, the conceptual consensus that functions of Criminal should be changed is not enough in the matter of dangers of Korean society. And also the evaluation that the degree of dangers is definitely increasing, compared with in the past seems not to be well-grounded. Moreover principles of Criminal Law such as ‘ultima ratio principle’ and ‘principle of complementarity’ have been used as the best or optimum means, with no thought of thorough verification of other security systems in the society and possibility of specific applications accordingly in the process of discussion with justification of Criminal Law’s intervention in the risk society. Main reasons of these results are not reflect severely and critically about problems which a variety of modification of Criminal Law might bring to, which turn out to be serious. Therefore the differences between reality and theory of Criminal Law should be examined in detail and essential consideration of the justification in the criminal legislation has to be preceded. The fact that roles and duties of criminal jurists is increasing means that it is time to require the change of consciousness whatever functions of criminal jurists are, namely whether it is a leader of function changes or a critic resisting the changes. Moreover it makes criminal jurists ask themselves whether they accomplish their duties while the functions of criminal laws are being changed.

목차

Ⅰ. 문제의 제기

Ⅱ. 변화하는 형법에 대한 논의의 전제

Ⅲ. 현대사회에서의 형법의 전망

Ⅳ. 형법의 기능변화에 대한 진단과 접근

Ⅴ. 맺음말

참고문헌

Abstract

키워드

형사입법 형법학자 위험사회 위험형법 형법의 기능변화 Legislation of Criminal Law Criminal Jurist Risk Society Criminal Law in a Risk Society Functional Changes of Criminal Law