형사제재의 다양화와 형법의 기능

• 영문명: A Study on the Relation between the Diversification of Criminal Sanctions and the Function of Criminal Law
• 발행기관: 한국형사법학회
• 저자명: 이승호(Lee, Seung-Ho)
• 간행물 정보: 『형사법연구』형사법연구 제24권 제3호, 63~93쪽, 전체 31쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2012.09.30

영문 초록

Modern criminal law aimed at the least use of punitive measures. As the result, its criminal sanctions were few and simple. Imprisonment played a central role in punishment stage while death penalty and monetary penalty made good the shortage of its availability. However, the present stage of criminal sanctions is colorful and splendid. Probation has already occupied its own room, equipped with the diverse aid programs like order to attend a lecture and community service order. Technical development has influenced the surveillance system so that the electronic monitoring is used as the efficient tool for keeping a watch on probationers as well as prisoners. Disposition of medical treatment and custody is also a familiar mechanism for dealing with insane criminals. To defeat sex offenders, Some jurisdictions including South Korea launch somewhat avant-garde programs. Notification system is the one of such progressive programs, and the most extreme sanction so called chemical castration is also introduced into our criminal justice system. On the other side of the coin, we can find other soft programs such as reconciliation in juvenile justice system. These diverse forms of criminal sanction means the various and complex functions of criminal law. Criminal Law should not remain in traditional principle of self-restraint. Therefore we need to provide a new explanation for the diversification of criminal sanctions from the viewpoint of criminal law function, which is the main theme of this paper.

목차

Ⅰ. 들어가는 말

Ⅱ. 위험성 관리의 형사제재

Ⅲ. 연성(軟性) 형사제재의 발전

Ⅳ. 특별격리와 치료의 형사제재

Ⅴ. 형법기능의 다원화

Ⅵ. 맺는 말

참고문헌

Abstract

키워드

형사제재 보안처분 전자감시 신상공개 화학적 거세 criminal sanctions the measure of security electronic monitoring sex offender notification system chemical castration