형사입법의 실제와 주요 형사정책별 입법평가 Ⅲ

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

제1장 윤지영
서 론 ··························································································· 7
제1절 연구의 목적 ······················································································ 9
1. 문제의 제기 ···························································································9
2. 연구의 필요성 ···················································································10
제2절 연구의 범위와 방법 ········································································ 11
1. 연구의 범위 ························································································11
2. 연구의 방법 ························································································12

제2장 임정호 . 류부곤 . 노승국
2023년 형사입법 현황 및 주요 형사정책 이슈별 여론 동향 분석 ·· 15
제1절 2023년 형사입법 현황 (임정호) ······················································ 17
1. 형사입법의 분류 ··················································································17
2. 형사입법의 현황 ··················································································18
3. 형사입법의 가결률과 폐기율 ·······························································47
4. 헌법재판소 결정에 따른 형사입법 ······················································53
5. 소결 ·····································································································56
제2절 주요 형사정책 이슈별 여론 동향 분석 (류부곤 . 노승국) ··················· 60
1. 연구수행 방법론 ··················································································60
2. 데이터 분석결과 ··················································································64

제3장 윤지영
2023년 주요 정책별 형사입법평가 ········································· 135
제1절 입법 진행 및 완료된 주요 정책별 입법현황 및 평가 ······················ 137
1. 스토킹범죄 ························································································137
2. 영아살해·유기 ···················································································149
3. 강력범죄 피의자 신상공개제도 ·························································156
4. 음주운전 ····························································································166
5. 가상자산 이용자 보호 ·······································································176
제2절 입법부작위가 문제된 주요 정책별 입법현황 및 평가 ···················· 183
1. 낙태죄 ·······························································································183
2. 교제폭력 ····························································································193

제4장 오영근 . 김성돈
형사절차법에 특화된 입법평가 요소 모색 ······························ 199
제1절 형사절차법 유형 분류와 입법 경과 (오영근) ·································· 201
1. 형사절차법의 개념과 분포 ································································201
2. 형사절차법의 유형분류 ·····································································205
3. 형사절차법의 입법경과와 평가 ·························································226
제2절 종래 형사절차법 입법과정의 문제와 제도적 한계 (오영근) ············ 266
1. 우리나라 입법과정의 전반적 문제점 ················································266
2. 형사절차법 입법과정 및 내용의 문제점 ···········································269
3. 형사절차법 입법의 제도적 한계 ·······················································280
제3절 형사절차법의 특수성과 경향성을 고려한 평가 요소 (김성돈) ········· 289
1. 형사절차법규 입법평가 기준의 의의 ················································289
2. 규범적 차원에서 설정 가능한 입법평가 기준들 ·······························289
3. 최근 형사절차법규의 입법 경향성 파악 및
장래의 입법평가 기준 모색 ······························································300

제5장 김성돈 . 류부곤 . 윤지영
형사절차법 입법평가 기준의 체계화 및 실질화 ····················· 307
제1절 형사절차법 입법평가 기준의 체계화 (김성돈) ······························ 3309
1. 유형별 형사절차법규의 입법평가 기준 모색 ····································309
2. 헌법재판소의 사후통제과정에서의 심사 기준과
입법평가시 활용가능성 ·····································································321
3. 형사절차법규에 대한 입법평가시 영역별 평가기준의 체계화 ···········339
제2절 형사절차법 입법평가의 실질화 (류부곤 . 윤지영) ···························· 342
1. 개관 ··································································································342
2. 형사절차법의 입법 대상 및 입법 과정 ·············································350
3. 형사절차법의 입법 시 준수 원리 및 고려 사항 ·······························360
4. 형사절차법 개선을 위한 구체적 과제 및 내실화 방안 ····················370

제6장 윤지영
결 론 ······················································································· 377

참고문헌 ··················································································383
Abstract ·················································································401
부록 ·························································································411