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자료유형
학술저널
저자정보
저널정보
한국공법학회 공법연구 공법연구 제32집 제2호
발행연도
2003.12
수록면
393 - 409 (17page)

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In a modernized state, in general, a constitutional principle,  Sovereignty rests with the people feature itself. Its principle is derived from an Article1, clause 2 from the Koreas constitutional law, Sovereignty belongs to the people of Korea and all power also comes from the people of Korea. In other words, the people of Korea can check all powers.Unlike both the Administration and the Legislature, these two are actually lied on by the mass through democratic vote system, the Justice indirectly controls the people of Koreas sovereignty.Because the jury system has both advantageous facts and featured factors, I thoroughly examined some documents about the U.S jury system. As a brief summary, I agreed A. Hamiltons opinion about the value of jury system, Its value is lied on the protection of the freedom and this freedom rules the Justices dominance to all affairs to the mass. One more thing that I go is J.S. Mills advocacy. He said that the jury system could be possible through some ethical education in solving from resolution of official affairs. And he also emphasizes the jury system is more superior to presidential elections or the Assembly elections because the jury system is closely related to the sovereignty.Through these above stated two opinions, we can understand the U.S jury systems politically.On the other hand, political ideologies such as democracy, defending human rights and legalism continuously raise a modernized state to have updated law systems. Specifically, if a certain nations political system is basically operated based on liberal market economy, developed states new systems strongly influence to some underdeveloped states. And underdeveloped states actively accept these new systems. Through these procedures, these systems become universal. Japans judicial reform is the right to explain the above stated statements.Because many trials are done just based on the relationships among judges, attorneys and prosecutors, Japan has seriously concerned for a long time to find a solution of social problems that are originated from the side effects of these relationships. In the end, in 1999, Japan had set up a Judicial Reform Committee in a cabinet and tried to change law educational systems and remained three parts judicial officers (Judge, Attorney, Prosecutor) including the jury system. To be more specific, Japan has already started to changing economic reforms including political and administrations. The aims of these reforms are to set up an efficient and transparent administrative system and simultaneously, to increase the transparency and responsibility of a regime. Without Judicial reform, organizing an open and aboveboard is impossible.

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AbstractⅠ. 들어가며Ⅱ. 정치제도로서의 배심제(미국)Ⅲ. 일본의 배심제Ⅳ. 나오며

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