Global Standard 마련을 위한 쟁점별 주요국 형사법령 비교연구 Ⅴ

국문요약 ····················································································· 1

제1장 (최민영)
서론 ···························································································· 3
제1절 연구의 목적과 방법 ······································································· 5
1. 연구의 목적 ························································································ 5
2. 연구의 방법 ························································································ 6
제2절 연구의 대상과 수행방법 ································································ 8
1. 전년도 연구의 소개 ············································································ 8
2. 본 연구의 대상 ··················································································· 8
3. 본 연구의 수행방법 ············································································ 8
4. 향후 연구의 전망 ············································································· 17

제2장 (강우예·강효원·김택수·이동희·이성기·정배근)
증거 ·························································································· 21
제1절 영국 ····························································································· 27
1. 개관 ·································································································· 27
2. 증거의 인정 기준 ············································································· 39
3. 증거의 배제 ······················································································ 61
4. 소결 ·································································································· 81
제2절 미국 ····························································································· 82
1. 개관 ·································································································· 82
2. 증거의 허용기준 ············································································· 102
3. 증거의 배제 ···················································································· 130
4. 비교 및 시사점 ·············································································· 164
제3절 프랑스 ······················································································· 168
1. 개관 ································································································ 168
2. 증거의 허용기준 ············································································· 188
3. 증거의 배제 ···················································································· 199
4. 무효절차(la nulite) ········································································ 210
5. 소결 ································································································ 218
제4절 독일 ·························································································· 222
1. 개관 ································································································ 222
2. 증거허용의 기준 ············································································· 222
3. 증거의 배제 ···················································································· 231
4. 소결 ································································································ 260
제5절 일본 ·························································································· 262
1. 증거법 개관 ···················································································· 262
2. 증거의 허용기준 ············································································· 274
3. 증거의 배제 ···················································································· 288
4. 소결 ································································································ 309

제3장 (강효원·김성규·배상균·손병현·이성기)
재판 ······················································································· 317
제1절 영국 ·························································································· 322
1. 개관 ································································································ 322
2. 재판의 종류와 형식 ········································································ 322
3. 공판 전 절차 ·················································································· 326
4. 공판 절차 ······················································································· 332
5. 판결의 확정과 이중위험금지 원칙(Autrefois Acquit and
Autrefois Convict) ······································································· 344
6. 상소와 특별절차 ············································································· 345
7. 소결 ································································································ 352
제2절 미국 ·························································································· 354
1. 개관 ································································································ 354
2. 상소와 특별절차 ············································································· 355
3. 수사·공판·상소절차에서의 보석 ······················································ 368
4. 보론(補論): 언론보도로 인한 공정한 재판을 받을 권리의 침해 ···· 378
5. 비교 및 시사점 ·············································································· 386
제3절 프랑스 ······················································································· 389
1. 개관 ································································································ 389
2. 재판(le jugement)의 종류 ···························································· 390
3. 재판의 확정 : 기판력 ···································································· 404
4. 상소 절차(les voies de recours) ··············································· 409
5. 간이 특별절차 ················································································ 427
6. 소결 ································································································ 432
제4절 독일 ·························································································· 436
1. 개관: 재판의 종류 ·········································································· 436
2. 실체재판과 형식재판: 본안판결과 소송판결 ··································· 440
3. 판결의 확정 ···················································································· 441
4. 상소와 특별절차 ············································································· 444
5. 참심재판 ························································································· 479
6. 소결 ································································································ 481
제5절 일본 ·························································································· 483
1. 개관 ································································································ 483
2. 제1심의 종국적 재판: 실체재판과 형식재판 ·································· 489
3. 재판의 효력(재판의 확정) ······························································ 497
4. 상소와 특별절차 ············································································· 502
5. 재판원제도(裁判員制度) ·································································· 527
6. 소결 ································································································ 535

제4장 (최민영)
결론 ······················································································· 539
제1절 증거 ·························································································· 541
1. 증거법 일반 ···················································································· 541
2. 증거의 허용기준 ············································································· 543
3. 증거의 배제 ···················································································· 545
제2절 재판 ·························································································· 549
1. 상소제도 ························································································· 549
2. 재심 ································································································ 551

참고문헌 ·················································································· 553
1. 국내문헌 ························································································· 553
2. 국외문헌 ························································································· 555

Abstract ································································································ 567