중국 형사소송법상 불기소 결정에 대한 불복절차의 문제점 및 개선방안 (The Problems and Improvement of the Disobedience Procedure of the Decision of Chinese Public Prosecutors not to Prosecute)

서지정보

· 발행기관 : 충북대학교 법학연구소
· 수록지 정보 : 법학연구 / 29권 / 2호 / 159 ~ 182페이지
· 저자명 : 최석화, 김재중

초록

The Compulsory prosecution system is a system that is deemed to have filed a petition when the court makes a decision on the judgment of the court, At the time of the enactment of the Act, the Korean legislator adopted the principle of state prosecution and indictment as the basic principle of criminal prosecution, and adopted the system of financial prosecution in Germany as a countermeasure against abuse of public prosecution . In the current Criminal Procedure Act of 2007, which has been revised several times since the enactment of the Criminal Procedure Law, which introduced the financial application system in 1954, it has been revised several times so that all complainants can apply for financial aid. It has accomplished major achievements. Although there is a concern that the application of the financial application may result in the accusation, the accused is allowed to apply for the crime prescribed in Articles 123 to 125 of the Criminal Code and for the crime prescribed by the Special Act; Although the prosecutor who dispossessed the bureau is in charge of maintaining the court’s decision to file a complaint, in general, the financial application system in Korea is a system of control over the prosecution, It is thought that the dynamics of.
In spite of this, the Korean criminal law system has a lot of opinions and debates about the institutional improvement of financial applications, while China has no financial application system like Korea, There is no remedy for raising a complaint in the direct court and the victim who can be brought in from the victim and the person in the firefighting decision case, There are a lot of controversies about China.
Although there is no such system as Korea’s financial application in the criminal procedure law, since 2016, China is proceeding with the reform of the criminal procedure system centered on judgment. Based on the introduction of the current financial application system under the Criminal Procedure Law of the Republic of Korea, with the premise of enacting the legislative purpose of the Criminal Procedure Law of China, which punishes crime, protects the people, The purpose of this study is to investigate in .

영어초록

The Compulsory prosecution system is a system that is deemed to have filed a petition when the court makes a decision on the judgment of the court, At the time of the enactment of the Act, the Korean legislator adopted the principle of state prosecution and indictment as the basic principle of criminal prosecution, and adopted the system of financial prosecution in Germany as a countermeasure against abuse of public prosecution . In the current Criminal Procedure Act of 2007, which has been revised several times since the enactment of the Criminal Procedure Law, which introduced the financial application system in 1954, it has been revised several times so that all complainants can apply for financial aid. It has accomplished major achievements. Although there is a concern that the application of the financial application may result in the accusation, the accused is allowed to apply for the crime prescribed in Articles 123 to 125 of the Criminal Code and for the crime prescribed by the Special Act; Although the prosecutor who dispossessed the bureau is in charge of maintaining the court’s decision to file a complaint, in general, the financial application system in Korea is a system of control over the prosecution, It is thought that the dynamics of.
In spite of this, the Korean criminal law system has a lot of opinions and debates about the institutional improvement of financial applications, while China has no financial application system like Korea, There is no remedy for raising a complaint in the direct court and the victim who can be brought in from the victim and the person in the firefighting decision case, There are a lot of controversies about China.
Although there is no such system as Korea’s financial application in the criminal procedure law, since 2016, China is proceeding with the reform of the criminal procedure system centered on judgment. Based on the introduction of the current financial application system under the Criminal Procedure Law of the Republic of Korea, with the premise of enacting the legislative purpose of the Criminal Procedure Law of China, which punishes crime, protects the people, The purpose of this study is to investigate in .

참고자료

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