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학술논문비교형사법연구2012.12 발행

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A study on the Inception and Problem of New forms of Criminal Sanction

최호진(단국대학교)

14권 2호, 245~274쪽

초록

The criminal system of most countries focus on the traditional criminal sanctions. But social conditions and patterns of crimes are largely changed in these days. So we have to think about the new forms of criminal sanctions to handle out these problems. This study is about the Inception and Problem of the new forms of criminal sanctions, including life imprisonment, dayfine, restorative justice etc. This article describes the criminal sanctions such as the current punishment and handling of public security. This paper to research a foundation theory and law-policy base on the whole criminal sanctions changing. To achieve this, currently being discussed in our country to discuss the introduction of the new criminal sancions were outlined. Especially this study examined discussion focuses on legislative direction shown in the revised penal code bill. The following suggestions on the improvement of the current criminal sanctions. first, we should reconsider the death penalty and imposition of life imprisonment without the possibility of parole also should be approached carefully. second, we should be considered introduction of the Day-Fine System By modifying today fine system. This paper proposed to examine the introduction of restorative justice and restitution through Diversion strategy spread by social sanctions should be further developed, Pointing out the problems of preventive criminal toward criminal policy.

Abstract

The criminal system of most countries focus on the traditional criminal sanctions. But social conditions and patterns of crimes are largely changed in these days. So we have to think about the new forms of criminal sanctions to handle out these problems. This study is about the Inception and Problem of the new forms of criminal sanctions, including life imprisonment, dayfine, restorative justice etc. This article describes the criminal sanctions such as the current punishment and handling of public security. This paper to research a foundation theory and law-policy base on the whole criminal sanctions changing. To achieve this, currently being discussed in our country to discuss the introduction of the new criminal sancions were outlined. Especially this study examined discussion focuses on legislative direction shown in the revised penal code bill. The following suggestions on the improvement of the current criminal sanctions. first, we should reconsider the death penalty and imposition of life imprisonment without the possibility of parole also should be approached carefully. second, we should be considered introduction of the Day-Fine System By modifying today fine system. This paper proposed to examine the introduction of restorative justice and restitution through Diversion strategy spread by social sanctions should be further developed, Pointing out the problems of preventive criminal toward criminal policy.

발행기관:
한국비교형사법학회
DOI:
http://dx.doi.org/10.23894/kjccl.2012.14.2.012
분류:
법학

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새로운 형사제재 도입의 필요성과 문제점 | 비교형사법연구 2012 | AskLaw | 애스크로 AI