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중국에서 피의자신문제도에 관한 개혁과 향후 과제 -중한 피의자신문제도의 비교를 중심으로-
최군용 ( Jun Yong Cui ),사진원 ( Jin Yuan Shi ) 한국비교형사법학회 2013 비교형사법연구 Vol.15 No.1
By comparing the interrogating criminal suspect institution of China and Korea,the paper discusses the reform of Chinese interrogating criminal suspect institution and future research. Interrogation one behavior of an investigation by law, the confession obtained by interrogation at the trial is one of the important evidences. Although the material technology has developed unprecedentedly, the interrogation is still one of the most economic ways to investigate. Through the interrogation, we can find out the criminal process, seize the evidences, reduce the investigation costs, and improve the efficiency of the proceedings. However, the interrogation system is imperfect. It leads to the infringement of the suspect which can not be prohibited entirely. It also ruins the self-value of the requirements of the criminal litigation, hinders the democratic and legal process in China. Therefore, the writer concludes the criminal suspects` rights in interrogation, analyzes the subsistent problems in the interrogation process, summarizes the overseas criminal suspects` rights in interrogation, and puts forward several suggestions on perfecting the criminal suspects` human rights at the end.
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최군용(Cui, Jun-Yong),사진원(Shi, Jin-Yuan) 충북대학교 법학연구소 2013 法學硏究 Vol.24 No.1
In march of 2012, China's legislature has re-modified the criminal procedure law from eight aspects, including the criminal defense system. After that, in terms of legislation, the status and rights of defense lawyers have great changes so that make China's criminal defense system to a new level. This paper selects four topics in order to summarize, analyse and interpret the new law. Including the status of defense lawyers, the perfection of conditional rights of defense lawyers, the perfection of instrumental rights of defense lawyers, the perfection of Indemnificatory rights of defense lawyers, summarizes, analyses and interprets the new law.
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최군용, 사진원 忠北大學校 法科大學 法學硏究所 2013 法學硏究 Vol.24 No.1
In march of 2012, China's legislature has re-modified the criminal procedure law from eight aspects, including the criminal defense system. After that, in terms of legislation, the status and rights of defense lawyers have great changes so that make China's criminal defense system to a new level. This paper selects four topics in order to summarize, analyse and interpret the new law. Including the status of defense lawyers, the perfection of conditional rights of defense lawyers, the perfection of instrumental rights of defense lawyers, the perfection of Indemnificatory rights of defense lawyers, summarizes, analyses and interprets the new law.
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