행형법 개정과 헌법원칙

서지정보

ㆍ발행기관 : 한국교정학회 ㆍ수록지정보 : 矯正硏究 / 31권
ㆍ저자명 : 정진연

목차

행형법 개정과 헌법원칙
Ⅰ. 서설
Ⅱ. 헌법적 원칙의 행형원칙으로 전환
Ⅲ. 수용자의 기본적 인권의 보장
Ⅳ. 미결수용자에 대한 무죄추정원칙의 행형에서 적용여부
Ⅴ. 징벌제도에서 수형자 권리의 절차적 보장
Ⅵ. 입법론적 고찰
Ⅶ. 결어
참고문헌
Abstract

영어 초록

The direction of revising the Law of Criminal Punishment Execution should consider the very idea of the Constitution. In concrete, the rights of the convicted criminals should be protected in the name of their basic rights which are guaranteed in the Constitution. Many revisions have been done in the law of criminal punishment execution in a way that the law protected inmates' basic rights but still many things left untouched. Basically it is true that correctional laws tend to permit inclusive discretionary power of authorities in order to control and supervise troublesome criminals. In turn, the inclusive discretionary power gives room for authorities to overuse the power and results in the violation of constitutional rights of inmates. To resolve the conflicts between the idea that inmates have their consitutional rights and it should be protected in the one hand, and the reality that basic rights of inmates could be confined as necessary on the other hand, we should discuss more concretely about the scopes and ranges of inmates' rights and the valid criteria for limiting their rights. and the execution law should reflect this efforts.

참고 자료

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