지원사업
학술연구/단체지원/교육 등 연구자 활동을 지속하도록 DBpia가 지원하고 있어요.
커뮤니티
연구자들이 자신의 연구와 전문성을 널리 알리고, 새로운 협력의 기회를 만들 수 있는 네트워킹 공간이에요.
초록· 키워드
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This paper is concentrated on the comparative study of the criminal victim’s status in a criminal trial. Victims have the two different kinds of role – one is related to the examination of a witness and the other is the right to participate in the trial process as a so called stakeholder.
Three legal systems are analyzed in this paper, besides South Korean criminal procedure law. Japan has the well balanced system to be equipped with both a guarantee of the victim’s free testimony and a chance for victims to state their opinions as interested parties. Meanwhile, German is the representative nation which offers victims the right to participate in a trial, including Privatklage and Nebenklage. The criminal justice system of U.S. is also known to have the average level of apparatus for victims, especially VIS and VOS.
Compared with those countries, South Korean legal system lacks the victim’s right to participate in trial as a stakeholder, while leaning toward the use of victims for getting testimony. Under such a comparative analysis, this paper proposes to introduce the new system to enable victims active participation in a criminal trial into South Korean criminal procedure law.
목차
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참고문헌 (22)
참고문헌 신청
Cassell, P. G / 2005 / Recognizing Victims in the Federal Rules of Criminal Procedure: Proposed Amendments in Light of the Crime Victims' Rights Act / Brigham Young Universi
Dressler, J / 2006 / Criminal Procedure: Principles, Polices and Perspectives 3rd(ed) / Thomson West
Mosteller, R. P / 1993 / Remaking Confrontation Clause and Hearsay Doctrine Under the Challenge of Child Sexual Abuse Prosecutions / University of Illinois Law Review
Pfeiffer, G / 2005 / StPO Kommentar 5. Auflage / Verlag C. H. Beck
Zalman, M / 2005 / Criminal Procedure -Constitution and Society / Pearson Prentice Hall
Dressler, J / 2006 / Criminal Procedure: Principles, Polices and Perspectives 3rd(ed) / Thomson West
Mosteller, R. P / 1993 / Remaking Confrontation Clause and Hearsay Doctrine Under the Challenge of Child Sexual Abuse Prosecutions / University of Illinois Law Review
Pfeiffer, G / 2005 / StPO Kommentar 5. Auflage / Verlag C. H. Beck
Zalman, M / 2005 / Criminal Procedure -Constitution and Society / Pearson Prentice Hall
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