한국형법학의 독자성 찾기

Abstract

The purpose of this paper is to review the attitude of korean shcolars and practitioners to study korean criminal law in the past 50years, to find out the problems in it and to suggest some desirable ways. The contents of this paper is as follows : Ⅰ. Introduction Ⅱ. The Problems in Studying Korean Criminal Law 1. The Attitude Depending German Theory 2. Some Examples in General Part(Allgemeiner Teil) (1) The Theory of Action(Handlungslehre) (2) The Theory of Cause and Effect(Kausalitat) (3) The Theory of Mens Rea(Vorsatz) (4) The Theory of Illigality(Rechtswidrigkeit) (5) The Mistake of Illigality(Rechtsirrtum) (6) The Indirect Principal Offender(Mittelbare Tater) (7) The Theory of Accoplice 3. Some Examples in Individual Part(Besonderer Teil) (1) The Subject of an Infanticide (2) The Concept of a Thing and a Property (3) The Purpose of Illigal Gaining(Absicht Rechtswidrig zu Zueignen) (4) The Problems in the Interpretation of the Fraud (5) The Problems in the Interpretation of the Bribery Ⅲ. The Problems in the Education of Criminal Law 1 Some Problems in the Undergraduate School 2. Some Problems in the Law School 3. Some Problems in the Bar Examination Ⅳ. The Problems in the Legislation 1. General Situation 2. Some Problems in the Process of the General Reform of Criminal Law Ⅴ. Some Suggetion and Conclusion