메뉴 건너뛰기
.. 내서재 .. 알림
소속 기관/학교 인증
인증하면 논문, 학술자료 등을  무료로 열람할 수 있어요.
한국대학교, 누리자동차, 시립도서관 등 나의 기관을 확인해보세요
(국내 대학 90% 이상 구독 중)
로그인 회원가입 고객센터 ENG
주제분류

추천
검색

논문 기본 정보

자료유형
학술저널
저자정보
이동희 (경찰대학)
저널정보
한국형사정책학회 형사정책 형사정책 제15권 제2호
발행연도
2003.1
수록면
369 - 384 (16page)

이용수

표지
📌
연구주제
📖
연구배경
🔬
연구방법
🏆
연구결과
AI에게 요청하기
추천
검색

초록· 키워드

오류제보하기
The art of selection and concentration is the key to the efficient disposition of minor offenses. In other words, every aspect of criminal procedure should work as a filter dealing with a case effectively through investigation, prosecution and trials. Besides this approach is the shortest way to improve the practice of trials that is considered an empty shell and to bring all the energies to cases that need in-depth inquiries. From this point of view the disposition system of minor offenses in Japan is very suggestive. First, establishing courts that are responsible for cases with a certain extent of sentenced penalty or under is expected to allow local courts to reserve the resources to concentrate on other cases, which is the case with summary courts in Japan. This system also contributes to the specialization of courts by subdividing the jurisdictions and to the cooperation among investigative bodies, the prosecution and courts by organizing them on a small local scale. Second, introducing Bizaishyobun system, the disposition procedure for insignificant minor offenses at the stage of investigation, should be considered in a positive manner. By bestowing the statutory power to the police, the minor offenses can be filtered out at the very beginning stage of criminal procedure and the offender without being branded as a criminal can have a better chance to return to society. Moreover, by providing the extent of police power specifically as a statute, police power can be controlled properly as well. It has been claimed that Jeukgyulsimpan system, the summary trial procedure in Korea, should be abolished. However, we cannot overlook the concern that the procedure being abolished the burden of the judicial police in sending cases to the prosecution will be excessive. The current summary trial procedure in Korea is the fruit of reform efforts in terms of human rights protection as the final disposition in the procedure is under the direct responsibility of the judiciary and judgement by default has been a principle in the procedure. Therefore, a bicameral system in which a summary trial is preserved for insignificant minor offenses and a separate procedure is used for minor offenses with a certain extent of sentenced penalty or under can be an advisable resolution.

목차

등록된 정보가 없습니다.

참고문헌 (0)

참고문헌 신청

이 논문의 저자 정보

최근 본 자료

전체보기

댓글(0)

0