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논문 기본 정보

저자정보
(제주대학교)
저널정보
한양법학회 한양법학 한양법학 제34집
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피인용 2

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    초록·키워드

    Recently, the problem on the criminal justice reform has been brought from National Assembly. It is reflected by the public opinion whether the criminal judiciary system is fair or not. But recent discussion has almost concentrated on functional improvement of behavior of juror and prosecutor, etc. On the other hand, there still are fundamental dissolution about criminal justice in the viewpoint of the general people. Therefore now I suggest that several general ways for raising up confidence in judicial systems and realization people sovereignty in the Criminal Jurisdiction.
    The fixed direction of our criminal judiciary are, the first, ‘by the people’ which is participate general people on the investigation and judiciary proceedings. The second, the realization of constitutional criminal proceedings which is to oriented to fair trial by guarantee proceeding rules. And the way to go are, the first, the lawsuit structure and reasonable direction of criminal procedure is cleary, the second, Internationally recognized norms relating to human rights must be adopted.
    From now on, the Framework of criminal judiciary reform is adjust to the following elements, the first, the complement and enlargement of Civil Participation in Criminal Trial that is in force, and introduction of Civil Participation in investigation, impeachment including the civil-prosecutor committee. the second, it is necessary for guarantee of the investigation power and strength control to the investigation power. the third, the judgement have to democratic property and confidence.
    Distrust in judiciary system has brought injurious to the rule of law. So, It is indispensible for criminal judiciary reform to abolish judiciary distrust. The keypoint is that open and advance criminal judicial system reflected on general people’s opinion.

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      UCI(KEPA) : I410-ECN-0101-2013-360-000847185