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일본 형사법연구의 쟁점과 동향

The Issues and Situations of Criminal Law Research in Japan

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Historically, the criminal law and criminal justice system of Korea and Japan have been closely connected, so they can provide good messages to each other through the comparative study. This paper is intended as an introduction of the issues and situations of criminal law research in japan. For this purpose, the contents of this article is as follows. After the first chapter as an introduction, the second chapter describes the research history of criminal law and criminal procedure law in japan. In this chapter, I would like to explain how the criminal law and the criminal procedure law had been enacted and amended from the Meiji-period until the end of the world war Ⅱ, and what was the main issue at the field of criminal law research in each period. And the third chapter describes what was the academic topics of the annual symposium, held by 'The Criminal Law Society of Japan', in the recent 10 years. Throughout this, we can recognize what has been the present issues on criminal law research area in japan. At the forth chapter, I arranged the issues and trends of criminal justice research, especially focus on the activation of criminal law legislation and the main theme linked with the criminal judicial reform. And added to this, a personal opinion about something keep in mind, when doing comparative law study between Korea and Japan, is presented at the last chapter.

Abstract

Historically, the criminal law and criminal justice system of Korea and Japan have been closely connected, so they can provide good messages to each other through the comparative study. This paper is intended as an introduction of the issues and situations of criminal law research in japan. For this purpose, the contents of this article is as follows. After the first chapter as an introduction, the second chapter describes the research history of criminal law and criminal procedure law in japan. In this chapter, I would like to explain how the criminal law and the criminal procedure law had been enacted and amended from the Meiji-period until the end of the world war Ⅱ, and what was the main issue at the field of criminal law research in each period. And the third chapter describes what was the academic topics of the annual symposium, held by 'The Criminal Law Society of Japan', in the recent 10 years. Throughout this, we can recognize what has been the present issues on criminal law research area in japan. At the forth chapter, I arranged the issues and trends of criminal justice research, especially focus on the activation of criminal law legislation and the main theme linked with the criminal judicial reform. And added to this, a personal opinion about something keep in mind, when doing comparative law study between Korea and Japan, is presented at the last chapter.

참고문헌 (20)

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  18. 이동희, "한국과 일본의 체포‧구속제도에 대한 비교연구 - 체포‧구속의 법제 및 실무운용을 중심으로 -", 비교형사법연구, 11(1), pp.63~94 (2009), 한국비교형사법학회
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