피해자참가제도의 바람직한 도입방안

• 영문명: A study on the introduction of Victim Participation System
• 발행기관: 한국피해자학회
• 저자명: 박광민(Park, Kwang-Min)
• 간행물 정보: 『피해자학연구』제18권 제2호, 105~128쪽, 전체 24쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2010.12.31

영문 초록

Recently, the Criminal Law Revision Committee in the Department of Justice offers the desirable introductions into our victim participation system by providing five provisions on criminal procedure act §§ 294-4 ~ 294-9(hereafter referred to as "revision" in this paper). This paper will be examined following: ⅰ) the necessity and legitimacy of its introduction in our criminal system; ii) the participation form of some representative countries enacting victim participation system; iii) the revision act of the Department of Justice. This act modified and based on the Japanese victim participation system is restrictedly assisted by victim within the limit of maintaining the inquisitorial approach in which criminal prosecution is undertaken by a state service. However, the revision act leaves room for blame. It is desirable we have to reach the compromise that our victim participation system should have milder authority over the victim than in German, but more powerful authority rather than in Japan. Furthermore, we suggest, at this point, some improvements like revision of the right of victim to make statement, adoption of public defender for victim participation, and etc.

목차

Ⅰ. 머리말

Ⅱ. 피해자참가제도 도입의 필요성과 정당성

Ⅲ. 외국의 입법례

Ⅳ. 법무부 개정안의 검토

Ⅴ. 맺음말

참고문헌

Abstract

키워드

Victim Participation System Victims of Crime Nebenklage Privatklage declation of right on victim Victim Attoney