중국의 회복적 사법과 형사화해제도

• 영문명: Restorative Justice and Criminal Mediation System in China
• 발행기관: 충북대학교 법학연구소
• 저자명: 민수현(Min, Shouxuan)
• 간행물 정보: 『법학연구』第28卷 第1號, 413~434쪽, 전체 22쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2017.06.30

영문 초록

These days, the state punishes the perpetrator and sometimes strengthen criminal law to reinforce punishment on the perpetrator based on acts of the perpetrator. Such punitive measures are the restitutive justice we have known well. However, the perpetrator is not necessarily repentant for his/her wrong-doing under such punitive measures. Like this, there is a limit to restitutive justice. Because of the limitations of restitutive justice, we not only accept the punishment on the perpetrator but also have a doubt if it is righteous for only the state have a right of punishment poewer. In order to solve this doubt, we come up with a new paradigm, restorative justice, that is contrary to the exist. Restorative justice is aimed at not simply criticizing the perpetrator but restoring the relationship between the perpetrator and the victim. On the other hand, criminal mediation system, newly introduced as restorative justice in the revised Criminal Procedure Law of China in 2012, has a significant meaning since criminal mediation system emphasized communication between the perpetrator and the victim and tried to reconcile the perpetrator and the victim through letting the victim participate in the criminal case of the perpetrator. This paper describes the contents of criminal mediation system under the current Criminal Procedure Law, starting from how criminal mediation system as a part of restorative justice could be introduced in China, which has heavy penalty system. In addition, since criminal mediation system does not sufficiently reflect ideology of restorative justice in contrast to intention to implement original idea of restorative justice, the essential meaning of restorative justice has been distorted. To solve the problem, this paper has proposed some improvements.

목차

Ⅰ. 서론

Ⅱ. 회복적 사법의 개관

Ⅲ. 현행법상 형사화해제도의 내용

Ⅳ. 돈으로 형을 사는(花钱买刑) 문제에 대한 비판

Ⅴ. 결론

키워드

응보적 사법(Restitutive Justice) 회복적 사법(Restorative Justice) 형사화해(Criminal Mediation) 형사화해절차(Criminal Mediation Procedure) 형사화해제도(Criminal Mediation System)