일본 형사재판에서의 국민 참여에 관한 쟁점과 그 시사점

Abstract

Comparing with that of other countries, the professionality of Korean and Japan criminal procedure model can be estimated with great satisfaction whereas the participation of parties and the civility is rather disappointing. The maximization of the merits as well as minimization of the defects is asked. For these point, civil participation in criminal trial is important in our criminal justice. In Japan, this system is already operated in 2009. In Japan the legal binding force is already recognized in equal to judge. Recently amendment of criminal procedure includes various of jury system and lay participation system in Korea and Japan. Realization of the principles of direct and oral proceedings is the core to trial-centeredness. Civil participation in criminal trial can realize this legal principle. The procedure of hearing in the court needs to be revitalized. Besides devices to check and control the civil judge's conviction are required to be strengthened beforehand and afterwards. In addition, it is true that the new body of law, which is aimed at enacting the participation of people, does indeed play a great role of teaching both the prosecutor and the common people. Civil participation in criminal trial in Japan the legal binding force is already recognized in equal to judge. And for activating this system, it need to be lightened various legal burden of civil judge.