진술증거의 전문증거성과 진정성 문제의 구별
The Difference of the Elements of the Hearsay Rule From Those of the Authentication
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Introducing hearsay rule in 1961, the words of provisions that provide the authentication and attendance of the declarant as exceptions of principle of the court's self-experience, were used as exceptions of the hearsay rule. It results in confusion of the elements of the hearsay rule with the elements of the authentication in the jurisprudence. Many literatures insist and place emphasis on the elements of the authentication as the elements of exceptions of the hearsay rule. With this confusion and misunderstanding, it became very difficult to understand the hearsay rule and many improper interpretations result from this confusion. In the future, the discussion which distinguish the elements of the hearsay rule from the elements of the authentication should be made actively and lead the academy and practice.
Abstract
Introducing hearsay rule in 1961, the words of provisions that provide the authentication and attendance of the declarant as exceptions of principle of the court's self-experience, were used as exceptions of the hearsay rule. It results in confusion of the elements of the hearsay rule with the elements of the authentication in the jurisprudence. Many literatures insist and place emphasis on the elements of the authentication as the elements of exceptions of the hearsay rule. With this confusion and misunderstanding, it became very difficult to understand the hearsay rule and many improper interpretations result from this confusion. In the future, the discussion which distinguish the elements of the hearsay rule from the elements of the authentication should be made actively and lead the academy and practice.
참고문헌 (19)
- 강구진, "형사소송법 원론" (1982), 학연사
- 김일룡, "증거의 진정성과 증거규정 체계의 재구성 - 미국연방증거규칙으로부터의 시사점-", 형사법의 신동향, (32), pp.50~83 (2011), 대검찰청
- 노명선, "형사소송법" (2009), 성균관대학교출판부
- 대검찰청, "형사소송법 제정 ․ 개정 자료집" (1997)
- 신양균, "형사소송법" (2009), 화산미디어
- 배종대, "신형사소송법 제3판" (2011), 홍문사
- 백형구, "형사소송법강의" (2001), 박영사
- 손동권, "형사소송법 개정신판" (2010), 세창출판사
- 송광섭, "형사소송법" (2010), 형설출판사
- 신동운, "신형사소송법 제3판" (2011), 법문사
- 이은모, "형사소송법" (2011), 박영사
- 이재상, "신형사소송법" (2008), 박영사
- 임동규, "형사소송법" (2011), 박영사
- 정영석, "형사소송법" (1996), 법문사
- 정웅석, "형사소송법" (2008), 대명출판사
- 백승민, "미국 증거법" (2009), 탐구사
- "Best, Evidence, 6" (2007), Aspen Publishers
- Graham,Michael, "Federal Rules of Evidence, 6" (2003), Thomson
- Park, "Evidence Law 2 Ed.", pp.2004, Thomson