변론주의의 근거와 적용범위에 관한 검토

Abstract

Can the debate principle be able to make it to the base of the decision by being limited only to the fact in issue why for indirect facts and the supplementary fact even if there is no insistence of the person concerned? It is possible that the court freely admits indirect facts without waiting for the party's insistence. The court it is because half summer results and explains in the outline to admit the principle of free evaluation of evidence to the judge by the result that indirect facts that turn out in corroborative facts like the testimony etc. when there is no insistence of the person concerned cannot be used if it is said that the person concerned's insistence will be reversely needed. However, the author will insist on the following conclusions to the problem that it is appropriate for indirect facts to exclude the debate principle only by such a conceptual explanation or is completed the role of the injustice and others prevention enough on grounds and the function side where the debate principle is admitted. The nation will interpret it is necessary to prepare the system on which the person concerned acts by the proceeding as a leading part to adopt the debate principle by the psychology principle of the civil suit based on the procedure security will make the person concerned substantially secured the debate right by the viewpoint of the person concerned's procedure and basic right security according to a constitutional request first. Moreover, a concrete fact to say the law regulations, and to fulfill this for the concept arrangement for the fact in issue is the requirement true in legal requisites in association with the debate principle application object, and such a requirement fact is fact in issues. Therefore, an abstract concept "Fault" is legal requisites, and drunken driving is "Fact in issue. " as a concrete fact It is only a difference of the grasping method whether to cost it about the problem of the violation of the accountability if not approaching about the problem of the violation of the debate principle as for the conflict relation to the debate principle to the 2nd and indirect facts. The fact in issue is a debate principle because it is difficult to put the attitude principle because it is who doesn't followincipexplanation of the court in the business and reaches the lost case on the agenda, and the problem to indirect facts is conclusions that it is possible to solve it by the conflict of the application problem of the debate principle understanding the problem of the violation of the court of the accountability.