형사소송의 주체와 배심제도

Abstract

The Judiciary reform committee have examined thoroughly the jury system in the criminal trial as a method that the people take part in the judicature. so many an academical persons have disputed on the introduction of jury system. In this paper, I analyzed the problems of criminal trial. following to; First, Only professional judges constitute the assembly of a criminal trial. then a social commonsense have not been reflected in the criminal trial. As a result, there is unbelief between the people and the judicature. Second, The accused are the constituents and the parties to a suit. but in an actual criminal trial, they are nothing but the object of a trial. to accomplish impartial trial and submit to decision of a court, the statue of the accused be strengthened. Third, The prosecutor and accused as the parties to a trial have to hold an equal position. the prosecutor to charge the accused on the structure of a criminal procedure have more predominant position than the accused. the constitutional ideology that guarantees an unfavorable statute of the accused is the very the presumption of innocence. accordingly the method to guarantee the part position of the accused will have to be made. In conclusion, the problems of a current criminal trial is that the people can't participate in the assembly of a criminal trial. so many peoples distrust the decision of a criminal court. now then in our country, the people can take part in the assembly of a criminal court. as an alternative plan to overcome these problems, I suggest the introduction of the jury system in criminal trial.