● 出版日期：2019.08.28

● 中文摘要：

值得注意的是，儘管英美諸國大力倡行社區處遇，偏重機構性處遇，致使此一制度仍處於空中樓閣的境況遇在歐美刑罰體系中佔有重要之地位，故有必要未雨綢繆之規劃與評估。作者對國內外社區處遇文獻進行回顧，暨擷取英美社區處遇經驗，並予評估後發現，社區矯治中心、機構內之社區處遇的拓展、社區服務、密集式觀護、在家監禁與電子監控等制度，在我國具有相當大之應用空閒，認為未來可透過修改刑法、監獄行刑法及研訂觀護法後，予以增列，俾使歐美之社區處遇得以引進，發揮其效能，促使我國刑罰制度之興革更為完善。

● 英文摘要：

The imposition of imprisonment always comes with obstacles for prisoners’ rehabilitation after release. Hence, it is required to build up a system of training program of independent living capability. In the current legal state, the parole system, with its enforced timing and the implementing method, can serve as a suitable system to carry out the goals of rehabilitation.
However, the parole system was built under multiple needs of treatment and policies, which still influences how the system goal is explained, the period of parole, the relation between criminals and the state, and so on. The implementation of the current parole system is the manifestation of the conflicts between all these social forces, when some are struggling to carry out the purpose of prisoners correction and adjustment that was declared by the Prison Act, the factual administration shows how this declaration is neglected, while the management of recidivism rate and surveillance of criminals are strongly emphasized, with the state’s need of social defense serving as the power behind this phenomenon.
This study focuses on the review on Taiwan’s current parole system, to explore what problems and obstacles are faced when carrying out the goal of rehabilitation. It is found that the non-right legal state of parole has resulted in the unstable implement of the parole process and also kept the resources from being meaningfully imposed to the criminals during the period of parole, which has made it less possible to help criminals. The help provided by the aftercare system is also limited, and the design of the time period of parole also keeps it away from creating practical probation work. Instead, the current Japanese parole system, with quite similar legal articles, provides a different picture. In order to enrich the function of probation, Japan has built a throughcare treatment system, combining the effort from both the government sector and the citizen sector, and even created a new kind of penalty to make a stable probation time period possible. After the review of the Japanese parole system, this study turns to our country to reflect and propose several suggestions for the future reformation of our parole system and policy.

● 文章連結：

https://tdr.lib.ntu.edu.tw/handle/123456789/74008?mode=full

● 資料來源：

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