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논문 기본 정보
- 자료유형
- 연구보고서
- 저자정보
- 발행연도
- 2008.12
- 수록면
- 1 - 2 (162page)
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초록· 키워드
In Korea, there are a lot of special criminal acts running up to 724 as of March 2007 besides the Criminal Code. The Act of Aggravated Punishment for Specific Economic Crimes, the theme of this paper, is one of them. It heavily punishes for big scaled property crimes such as fraud over 500,000,000 Won. It was enacted on Dec. 31. 1983. in order to cope with crime phenomenon generated by economic growth, and has been revised 9 times so far.
The special criminal acts have their own value, prompt actions to crime never seen before, which is possible because of its easy legislation and revision. Even though the special criminal acts have their own value, sharp critics on them exist. Special criminal acts usually provide harsher punishments than the Criminal Code, and degree of the criminal penalties is extremely high compared with that of the criminals.
Especially special criminal acts about aggravated punishments came from the concept that the strongest punishment is the most efficient way to prevent crimes. But it brought serious side effects to criminal practice affairs by regulating unnecessarily strong punishments. To keep out from those side effects, special criminal acts of aggravated punishment should be enacted through due process, and contain appropriate contents. Maybe it’s time to review the current law system whether it should be changed or not.
One scholar suggested that special criminal acts of aggravated punishment should be totally abolished because he believes the criminals could be punished sufficiently only with ordinary criminal law. In my opinion, however, preferentially special criminal acts should be incorporated into the Criminal Code within theoretical rationalities. Especially similar regulations already mentioned in general criminal code should be absorbed in the Criminal Code. The Act of Aggravated Punishment for Specific Economic Crimes should be amended in the same way as I recommend above.
상세정보 수정요청해당 페이지 내 제목·저자·목차·페이지The special criminal acts have their own value, prompt actions to crime never seen before, which is possible because of its easy legislation and revision. Even though the special criminal acts have their own value, sharp critics on them exist. Special criminal acts usually provide harsher punishments than the Criminal Code, and degree of the criminal penalties is extremely high compared with that of the criminals.
Especially special criminal acts about aggravated punishments came from the concept that the strongest punishment is the most efficient way to prevent crimes. But it brought serious side effects to criminal practice affairs by regulating unnecessarily strong punishments. To keep out from those side effects, special criminal acts of aggravated punishment should be enacted through due process, and contain appropriate contents. Maybe it’s time to review the current law system whether it should be changed or not.
One scholar suggested that special criminal acts of aggravated punishment should be totally abolished because he believes the criminals could be punished sufficiently only with ordinary criminal law. In my opinion, however, preferentially special criminal acts should be incorporated into the Criminal Code within theoretical rationalities. Especially similar regulations already mentioned in general criminal code should be absorbed in the Criminal Code. The Act of Aggravated Punishment for Specific Economic Crimes should be amended in the same way as I recommend above.
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목차
- 국문요약
- 제1장 서론
- 제2장 특히 문제되는 다른 (가중)형사특별법과의 비교를 통해 본 ‘특정경제범죄가중처벌등에관한특례법’의 연혁과 내용분석
- 제3장 법적용의 실태와 법적용에서의 위헌문제와 죄수문제
- 제4장 ‘특정경제범죄 가중처벌 등에 관한 법률’의 문제점과 개선방안
- 제5장 맺는 말
- 참고문헌
- Abstract
참고문헌
참고문헌 신청최근 본 자료
UCI(KEPA) : I410-ECN-0101-2010-364-002071478
