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我國機構矯正刑事政策的省思與策進

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  • 最後更新日期:109-05-13
  • 資料點閱次數:1443

●  中文摘要:

 

    我國刑罰之執行,政策目標設定為降低再犯與使受刑人成功復歸。然而目前的矯正成效不盡理想。社會上也對更生人帶有歧視與標籤。本文以為,要解決這個問題,在矯正機構內的處遇必須朝根除受刑人犯罪成因之方向探索。犯罪當有多元之成因,主要有個人生理、心理因素,以及後天從社會環境學習之結果。針對受刑人犯罪的成因與性格為個別之處遇,方能極盡矯治之功。而如此措施,參照其他先進國家之例,勢必花費龐大的人力、物力與預算。現狀而言,台灣並沒有辦法推動相同程度的矯正對策,僅可視為政策之遠景。


    然本文認為,短期之內仍有目標是可以推動進行的,其中目前最需要的,當為工作技能的訓練。一方面據學說及實務之見,其為最有助益受刑人復歸之因素。本文亦贊同受刑人在獄中學習工作技能並在復歸後取得職位,不僅能經濟上自立,工作穩定也會減少犯罪動機。另外參酌國外的監獄作業,例如美國聯邦監獄產業公司,規劃完善下矯正機構也能自給自足,這對日後長期目標的達成,對受刑人為個別化處遇的遠程目標以及改善受刑人待遇亦有助益。進退有據,故本文視其為當前矯正對策的良方。現今監獄實務雖有工作技能訓練,但因種種因素卻未能使受刑人皆學習市場競爭的工作技能,連基本薪資之生產水準都無法達到,遑論吸引受刑人以及創造盈餘改善獄政措施。本文對此一方面從理論上找出矯正政策的論證基礎,一方面蒐集實務與學說的資料,探詢目前監獄作業與技能訓練的問題點,並嘗試提出建言,期能為現行刑事矯正政策的改革提出一些建言。做出棉薄貢獻。

 

●  English Abstract:

 

     The implementation of the penalties in Taiwan, the policy goal is to reduce the number of reoffending and the successful return of the inmate. However,The current correction is not ideal. The community also discriminates against and tags people for reincarnating. Iˋˋn order to solve this problem, the treatment in the correctional institutions must also be explored in the direction of eradicating the criminal causes of the offender. This article assumes that there are multiple causes of crime, mainly personal physiological and psychological factors, and the results of learning from the social environment. Individuals can deal with the cause and character of the offender’s crime, and they can do their best. However, such measures, with reference to the examples of other advanced countries, will inevitably require enormous manpower, material resources and budget. In terms of the status quo, Taiwan does not have the means to promote the same degree of corrective measures. It can only be regarded as a policy perspective.
     However, this article believes that there are still goals that can be promoted in the short term. Among the most needed at the moment, when it comes to the training of job skills, not only does the doctrine support that it is most helpful for the return of the sentenced person. This article also agrees that the inmates learn skills in prison and get jobs in the society after reversion. Not only can the criminal be economically self-reliant after being rehabilitated, but job stability can also reduce their criminal motivation. In addition, considering foreign prison operations, such as the United States Federal Operational Corporation, the corrective institutions under planning can also be self-sufficient. This will contribute to the achievement of long-term goals in the future, to the long-term goal of the inmates for individualization and to improving the treatment of the inmates. . Can be described as advance and retreat, so this article regards it as a cure for the current corrective measures. Although today's prison practice has job skills training, due to various factors, it has failed to enable all inmates to learn market competition skills, and even the basic salary of the production level can not be achieved, it is even more impossible to attract criminals and create surpluses to improve prison measures. Therefore, on the one hand, this article theoretically finds the basis for the argumentation of corrective policies. On the one hand, it collects information on practical and doctrines, explores the current problems in prison operations and skills training, and tries to put forward suggestions that can be put forward for the reform of criminal policies. Some suggestions. Make cotton contribution. Therefore, this article on the one hand, theoretically find out the basis for the argumentation of corrective policy, on the one hand to collect practical and doctrine of information, inquire into the current problems of prison operations and skills training, and try to put forward suggestions. I hope that I can put forward some suggestions for the reform of criminal policy and make meagre contributions.

 

● 文章連結

https://hdl.handle.net/11296/hu3qup

 

● 資料來源:

臺灣博碩士論文知識加值系統

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