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死刑의 執行猶豫制度와 刑事政策的 意義 Probation System of Death Penalty and Criminological Value 사형의 집행유예제도와 형사정책적 의의

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矯正硏究 (교정연구)
제20호 (2003.09)
pp.93-115
한국교정학회 (Korean Society For Correction Service)
초록

A probation system of death penalty can lie halfway between death penalty and life sentence. Since grotesque and crude murder cases continually happen in Korea, it is difficult to abolish death penalty right now. We need to introduce the probation system of death penalty, which may be regarded as an interim stage for abolishment of death penalty. I have investigated the current death penalty system in China and found the following problems: There are many kinds of crimes punishable by death penalty, the appropriate condition is not shown to apply the probation system of death penalty, and the number of execution is the largest in the world. However, the probation system of death penalty has the following advantages: It is a humanistic system to head for the return to society, a positive effect of correction can be anticipated during the probation, and danger of misjudgement can be minimized. Moreover, in regard to the probation system of death penalty, I have explored a range of probation judgement, the probation period, the screening procedures of application, and the cases of remission.

목차
死刑의 執行猶豫制度와 刑事政策的 意義
  Ⅰ. 서론
  Ⅱ. 중국에 있어서 사형의 집행유예제도
  Ⅲ. 死刑의 執行猶豫制度의 問題點과 檢討
  Ⅳ. 死刑의 執行猶豫制度의 刑事政策的價値
  Ⅴ. 死刑의 執行猶豫制度의 具體的內容
  Ⅵ. 결론
  參考文獻
  ABSTRACT
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