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학술논문형사정책연구2006.12 발행KCI 피인용 4

일본의 재판원제도의 내용과 문제점

A substance and problem of criminal jury system in Japan

신정훈(단국대학교); 지영환(경희대학교)

17권 4호, 397~436쪽

초록

This Study provides analysis on the legal problem of criminal jury system in Japan. American Jury system adequately refects individualism, equality, liberty. But in Japan, criminal justice has been only exercised by the professional-career judicial officials who have a judicial authority to decide both fact-finding and rule-application. However Japan's criminal system requires civil participation in fact-finding of the judicial decision-making process. I believe the jury system is the most suitable form for developing deliberative democracy in law system. Thus, the jury system will substantiate the rule of law in Japan. The current study will shed a useful light upon the on-going discussion on the civil participation on the judicial decision-making process in Korea.

Abstract

This Study provides analysis on the legal problem of criminal jury system in Japan. American Jury system adequately refects individualism, equality, liberty. But in Japan, criminal justice has been only exercised by the professional-career judicial officials who have a judicial authority to decide both fact-finding and rule-application. However Japan's criminal system requires civil participation in fact-finding of the judicial decision-making process. I believe the jury system is the most suitable form for developing deliberative democracy in law system. Thus, the jury system will substantiate the rule of law in Japan. The current study will shed a useful light upon the on-going discussion on the civil participation on the judicial decision-making process in Korea.

발행기관:
한국형사법무정책연구원
분류:
법학

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