부산대학교 도서관

Yangchon’s study of criminal law studies the law as a norm, studies the social fact of crime, and further studies the punishment as a means of deterring crime. It is summarized that it is necessary to study and advance to reach the ‘Criminal Policy Studies’. The criminal justices of Yangchon emphasized that, in the operation of the criminal law, sufficient consideration of individual liberty guarantees should be given, focusing on the nature of the punishment that deprives individuals of their freedom. Thus, one of the functions of the criminal law is ‘the function of defending society against crime’ and the other is ‘the function of guaranteeing individual freedom against punishment’, and emphasizes harmony and consideration of both sides. The criminal justice of Yangchon, based on the liberal legal positivism of the modern age, first guarantees civil liberty, and second, leads to the principle of criminal courtism, established as a means of realization of objective judges. The peculiarity of the understanding of sin criminal jurisprudence lies in emphasizing that this principle is a principle that must be observed in the history of the world. Although the crime courtism, which emerged as the modern criminal law principle, was advocated as Magnakarta to guarantee the right to freedom of citizens from the warring of the state representing a certain privileged class, 'Magnakarta in the form of a row for disadvantaged prisoners since the rise of the state’s responsibility to criminals. It should be discussed as'. Therefore, the modern meaning of crime courtism is Magnakarta for guaranteeing civil liberty during the trial process, and Magnakarta for guaranteeing the rights and interests of inmates in the process of punishment, and the issue of principles for guaranteeing civil liberty in the legislative process. have. In terms of the purpose and meaning of the punishment, Yangchon discusses the true form of the modern punishment in three aspects based on the ideology of education punishment, consistent with the usual beliefs and arguments. First of all, 'haeng punishment as a legal relationship' for 'the thoroughness of criminal legalism in execution', followed by 'preparation for rehabilitation' and 'human formation education' as the goal of execution based on the educational criminal ideology. As such, Yangchon took the realization of the educational ideology as his conviction, guaranteeing all the legal rights and obligations of criminals to the criminals, and recognizing that improving education for their rehabilitation is the ultimate ideology of the modern era I am asking you to do something about it. Yangchon’s original explanation of criminal justice and crime courtism triggered a discussion of elevating the basic principle of criminal law to the fundamental principle of criminal law. In order to be sublimated to the fundamental principle, I intend to contribute to the follow-up study of academic colleagues and subordinates in the ‘advocacy of legalism for criminal justice in the shape of a row’.