Earticle

초록

영어

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. 서론
 Ⅱ. 일본에서의 국민의 형사재판 참여의 경과
  1. 도입배경과 제도의 의미
  2. 재판원제도의 형태
 Ⅲ. 재판원제도와 수사절차에 대한 논의
  1. 재판원제도가 수사절차에 미치는 영향
  2. 피의자신문 및 참고인조사
 Ⅳ. 재판원재판과 공판절차
  1. 피고인의 이익 확대
  2. 재판원의 구성과 이해에 관한 문제
  3. 연일개정의 문제와 공판전정리절차
  4. 공판심리
  5. 재판원제도와 피해자참가
 Ⅴ. 재판원제도의 평의 과정과 의사소통문제
  1. 평의의 형태
  2. 의사소통의 문제
 Ⅵ. 재판원의 비밀준수의무
  1. 재판원의 守秘義務
  2. 국민의 알권리와의 관계
 Ⅶ. 결론
 참고문헌
 

키워드

저자

• 권순민 [ Kwon, Soon-Min | 조선대학교 사회과학대학 경찰행정학과 조교수, 법학박사. ]

참고문헌

발행기관

간행물

표지보기 관심저널 등록

• 간행물명

  원광법학 [Journal of Law research]

• 간기

  계간

• pISSN

  1598-429X

• eISSN

  2508-4526

• 수록기간

  1962~2025

• 등재여부

  KCI 등재

• 십진분류

  KDC 360 DDC 340