일본 형사재판에서의 국민 참여에 관한 쟁점과 그 시사점

• 영문명: The issue on civil participation in criminal trial in Japan and its implication for Korea
• 발행기관: 원광대학교 법학연구소
• 저자명: 권순민(Kwon, Soon-Min)
• 간행물 정보: 『원광법학』제26권 제4호, 201~227쪽, 전체 26쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2010.12.30

영문 초록

Comparing with that of other countries, the professionality of Korean and Japan criminal procedure model can be estimated with great satisfaction whereas the participation of parties and the civility is rather disappointing. The maximization of the merits as well as minimization of the defects is asked. For these point, civil participation in criminal trial is important in our criminal justice. In Japan, this system is already operated in 2009. In Japan the legal binding force is already recognized in equal to judge. Recently amendment of criminal procedure includes various of jury system and lay participation system in Korea and Japan. Realization of the principles of direct and oral proceedings is the core to trial-centeredness. Civil participation in criminal trial can realize this legal principle. The procedure of hearing in the court needs to be revitalized. Besides devices to check and control the civil judge's conviction are required to be strengthened beforehand and afterwards. In addition, it is true that the new body of law, which is aimed at enacting the participation of people, does indeed play a great role of teaching both the prosecutor and the common people. Civil participation in criminal trial in Japan the legal binding force is already recognized in equal to judge. And for activating this system, it need to be lightened various legal burden of civil judge.

목차

Ⅰ. 서 론

Ⅱ. 일본에서의 국민의 형사재판 참여의 경과

Ⅲ. 재판원제도와 수사절차에 대한 논의

Ⅳ. 재판원재판과 공판절차

Ⅴ. 재판원제도의 평의 과정과 의사소통문제

Ⅵ. 재판원의 비밀준수의무

Ⅶ. 결 론

참고문헌

Abstract

키워드

일본에서 국민의 형사재판 참여 공판중심주의 형사절차 사실인정 배심제 civil participation in criminal trial in Japan trial-centeredness criminal procedure fact-finding jury system