지원사업
학술연구/단체지원/교육 등 연구자 활동을 지속하도록 DBpia가 지원하고 있어요.
커뮤니티
연구자들이 자신의 연구와 전문성을 널리 알리고, 새로운 협력의 기회를 만들 수 있는 네트워킹 공간이에요.
초록· 키워드
오류제보하기
The sentencing guidelines have been implemented. Recently, however, the proposed Bill of Sentencing Guidelines Act is pending in the National Assembly for instituting a new system to replace the established system. Therefore, the reviewed major contents and analyzed issues of the Bill of Sentencing Guidelines Act are concluded as follows.
First, our legal system belongs to the continental legal system and the positive law is organized systematically. If there are some problems in the current sentencing commission and sentencing guidelines, it will be enough to revise the Court Organization Law which is grounds for them when considering the adjustment and unity of the legal system. And it seems to be unnecessary and inappropriate to legislate the separated special law. Therefore it seems to be apparently wrong in formal aspects that the Bill of Sentencing Guidelines Act has been proposed as the special law instead of revising the Court Organization Law.
Second, because the proposal reasons for the Bill of Sentencing Guidelines Act point out problems of the sentencing commission and the current sentencing guidelines in that it is based on false premises, it isn’t persuasive. As a result of reviewing whether it is necessary to revise the current Court Organization Law or not in connection with the issues of the Bill of Sentencing Guidelines Act, there seems to be nothing to revise immediately. Thus the Bill of the Sentencing Guidelines Act is also not convincing in the contents.
Consequently, the Bill of Sentencing Guidelines Act should be abolished because it is wrong in formality and contents and it lacks persuasion. But in the background of the proposed Bill of Sentencing Guidelines Act, it seems to be necessary for the current sentencing commission to accept the contents such as it is necessary to give shape to the sentencing factor and the probation guidelines and narrow down the limit of the recommended sentence as much as possible. Nevertheless enacting a special law or revising the Court Organization Law doesn’t seem to be the appropriate ways for them.
First, our legal system belongs to the continental legal system and the positive law is organized systematically. If there are some problems in the current sentencing commission and sentencing guidelines, it will be enough to revise the Court Organization Law which is grounds for them when considering the adjustment and unity of the legal system. And it seems to be unnecessary and inappropriate to legislate the separated special law. Therefore it seems to be apparently wrong in formal aspects that the Bill of Sentencing Guidelines Act has been proposed as the special law instead of revising the Court Organization Law.
Second, because the proposal reasons for the Bill of Sentencing Guidelines Act point out problems of the sentencing commission and the current sentencing guidelines in that it is based on false premises, it isn’t persuasive. As a result of reviewing whether it is necessary to revise the current Court Organization Law or not in connection with the issues of the Bill of Sentencing Guidelines Act, there seems to be nothing to revise immediately. Thus the Bill of the Sentencing Guidelines Act is also not convincing in the contents.
Consequently, the Bill of Sentencing Guidelines Act should be abolished because it is wrong in formality and contents and it lacks persuasion. But in the background of the proposed Bill of Sentencing Guidelines Act, it seems to be necessary for the current sentencing commission to accept the contents such as it is necessary to give shape to the sentencing factor and the probation guidelines and narrow down the limit of the recommended sentence as much as possible. Nevertheless enacting a special law or revising the Court Organization Law doesn’t seem to be the appropriate ways for them.
목차
Ⅰ. 시작하는 말
Ⅱ. 양형기준법안의 주요내용
Ⅲ. 양형기준법안의 쟁점에 대한 검토
Ⅳ. 맺는 말
참고문헌
Abstract
참고문헌 (42)
참고문헌 신청
1. [학술지(정기간행물)] - 강우예 / 2008 / 미국의 양형가이드라인에 대한 비판적 고찰－연방양형기준에 대한 분석을 중심으로－ / 영남법학 (26)
2. [학술지(정기간행물)] - 권오걸 / 2008 / 영국양형제도의 분석과 국내도입의 문제점 검토 / 형사정책연구 19 (4) : 157 ~ 192
3. [학술지(정기간행물)] - 김성돈 / 2003 / 미국의 주 양형법개혁과 양형가이드라인시스템 - 메사츄세츠주의 양형가이드라인법안을 중심으로 / 저스티스 71 : 206 ~ 234
4. [학술지(정기간행물)] - 김영환 / 1996 / 양형의 법적 성격과 양형의 합리화 / 형사정책연구
5. [학술지(정기간행물)] - 김희관 / 1994 / 미국연방양형기준법에 관한 고찰 / 해외파견검사연구논문 10
2. [학술지(정기간행물)] - 권오걸 / 2008 / 영국양형제도의 분석과 국내도입의 문제점 검토 / 형사정책연구 19 (4) : 157 ~ 192
3. [학술지(정기간행물)] - 김성돈 / 2003 / 미국의 주 양형법개혁과 양형가이드라인시스템 - 메사츄세츠주의 양형가이드라인법안을 중심으로 / 저스티스 71 : 206 ~ 234
4. [학술지(정기간행물)] - 김영환 / 1996 / 양형의 법적 성격과 양형의 합리화 / 형사정책연구
5. [학술지(정기간행물)] - 김희관 / 1994 / 미국연방양형기준법에 관한 고찰 / 해외파견검사연구논문 10
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UCI(KEPA) : I410-ECN-0101-2013-360-000847327