한국의 근대 사법제도 형성과 발전에 관한 탐구

Abstract

China innovates itself by democracy in the Communist Party to establish justice operation system in the nation since February 2013 and to have independent judge of the court and to exercise prosecution right fairly. China's self-reformation was overlapped with reformation of Daehan Jeguk at the end of Chosun Dynasty based on traditional society of East Asia in the past. Leadership of the committee of the party had influence upon current activity of justice organization in China to do Wonnim trial in Korean traditional society and to give king's ordinance and others: Construction of justice organization coincided with that of Dangjo of justice organization in China and important members of justice organization to have common feature of traditional justice system in Korea. Justice department person may take unfair action to involve in unfair goal and to take actions of case in unfair way according to relationship in the Korean society and 'Gwansi culture' in China. Such a negative circulation at formation of modern justice system may give negative influence upon operation and reformation of justice system in China. Understanding on connection and disconnection with traditional justice system in Korea may give implications to modern reformation of justice system in China. This study reexamined development process of modern justice in Korea to give guideline of justice in China. In China, independence of the justice means that of judge and/or court, and current reformation of the justice is aimed at independence of the judge. Independence of the court and judge has prerequisite of trial. Independence of the trial, court and judge has close relations, and independence of the justice commonly means that of trial, court and judge. Independence of the trial is said to be important for independence of the justice: Independence of the justice and trial cannot be made without that of courts and judge. Judges who are above than simple judicial professionals shall serve people to understand realities in the society and to put laws into practice and to keep fair and good attitude at trial and to provide people with convenient and effective and satisfactory justice service at court operation and/or trial procedure. This study introduced civil participation, judge's sentencing system and enforcement to strengthen people's responsibility in the justice. Modern criminal justice system shall find out advantageous evidence by someone to give to investigation and/or trial organization and to persuade justice organization. To recover people's reliability on the justice, people shall join justice to defend them and to get rights and profit. If not, the one who says to be a victim of the justice shall blame injustice of judicial organization that investigates and does trial. Legal education is needed to make correction of legal consciousness of traditional justice system at modernization of the justice in Korea and to understand nature and legal system. Today, China thinks much of justice reformation of legal education.