소송구조와 합리적인 형사소송의 방향

The adversary system is generally referred to as lawyer-control system and it resembles the way in which criminal trials are conducted out side the U.S. and U.K. and common law countries. The inquisitorial system is referred to as judge-control system and criminal procedure in civil law countries is characterized as inquisitorial. The traditional understanding of rational criminal process or trial-centeredness focused on the possibility of adversary system is not very reasonable. The differences that have evolved between adversary system and inquisitorial system may reflect disagreement about what kind of truth ought to be aimed at the method truth-find is best obtained. A matter of concern in criminal procedure should be rather as a project to embody the rationality of proper fact finding in this contemporary world. Considering that the truth in criminal procedure is reformulated through the informations that are offered at the trial, procedural rationality of today could be reinterpreted as a call for rational formulation of the criminal cases. Then, the question lies on the matter of through which legal policy could the procedural rationality be concretely achieved. Such policy can not be accomplished by mere changes occurring in process structure. Rather, it would be achieved by various systems revitalizing communication among those who take part in criminal process. Although this request is reflected positively in to our criminal procedure law through systems such as defendant questioning and preparatory proceeding, improvement is needed a little more.