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연구논문

형사법 용어 등 정비방안

원문정보

The Study on the way to readjust the Glossary in Criminal Law and Criminal Procedure

김재덕

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초록

영어

The overall revision works for the Criminal Law are now promoting and the Criminal Procedure Law that was widely revised in the 2007 year is also under revision work again.
If the terms used in the law are not clear and proper, it may give confusion to a person who interprets or applies the laws or the people who must observe them.
Especially usual citizens cannot access to the laws due to their difficulties and may avoid them or give disbelief because the laws give recognition that citizens are only object of execution or application of the laws.
More clear and appropriate definition is required as the Criminal Law is a law to define criminal and penalty (punishment) and the Criminal Procedure Law is a law to define procedures for applying or realizing the Criminal Law.
Sectors such as new establishment of new types of criminals, appropriateness of punishment (sentence), involvement of the Special Criminal Law into the Criminal Law and reflection for assuring the human rights of the defendant or a suspect are actively examined and discussed and many examinations for 'terms' are also done but more precise examination is required with more interests such as unification of terms, trimming of sentences, change into easier terms and arrangement of Japanese style of terms.

목차

Ⅰ. 들어가는 말
 Ⅱ. 추진사항
  1. 1995년 형법 개정시 정비사항
  2. 2009년 형법개정연구회 등의 개정시안
  3. 1963년 형사소송법 개정시 정비사항
 Ⅲ. 구체적 내용
  1. 같은 뜻의 2가지 표현 용어 통일
  2. 어려운 용어를 쉬운 용어로 개정
  3. 혼동되는 용어의 정확한 표기
  4. 기타
 Ⅳ. 맺는 말
 참고문헌
 

저자정보

  • 김재덕 Kim, Jae-Duk. 원광대학교 법학전문대학원 교수, 변호사.

참고문헌

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