일본의 기소권 통제에 관한 비교법적 검토 : 검찰심사회제도를 중심으로

Recently, prosecution reform has been discussed as a major national task. This was the result of a series of irregularities related to the prosecution, but at the root of this was the public distrust of the prosecutors' investigation and prosecution. Our judicial system is aimed at professional and efficient judicial administration by a small number of legal experts. However, as their judicial operations become bureaucratic, the exercise of investigations and prosecution that are not in line with the judgments of victims or ordinary citizens The risk to be done was also increased. Accordingly, the need for citizen participation in the criminal procedure has been raised, and a lot of discussions have been held on the preparation of concrete measures. As a result, the prosecution introduced and implemented the citizen prosecutorial committee, which is a citizen participatory system, based on foreign legislation as a reform plan in 2010. However, it shows the state of operation that does not reach the purpose of the initial introduction to date. In this regard, it was pointed out that the organizational structure that was not independent as the operation based on the Great Prosecutor's Office standard operating procedures was a problem, and that the legal binding power was not given to the decision of the citizen prosecutorial committee. However, the meaning of the citizen prosecutorial committee as a democratic control of prosecution is large. Therefore, this paper aims to improve legislation on the establishment and operation of the citizen prosecutorial committee as compared to the Japanese committee for inquest of prosecution.