中文摘要:

家庭暴力防治法自2015年2月4日修正公布新增訂第63條之1，俗稱「恐怖情人條款」，並自公布後1年施行，家庭暴力防治法正式將年滿16歲未同居的親密關係伴侶納入家庭暴力防治的一環，獲得社會大眾及婦女團體一片喝采。但在該法條通過施行之後，是否能真正落實執行，以及檢視該增訂法條警政單位的通報或轉介案件數量，與社會期待其實是有著落差。為能了解警察人員在執法上的真實樣貌，透過在第一線執法員警的訪談及資料蒐集，俾知悉警察人員對於該增訂法條執法現況，以及是否有何建議或窒礙難行之處。
本研究以質性研究半結構式深度訪談進行，訪談5名婦幼工作專業人員及家庭暴力防治官來取得研究資料，綜合分析後結論歸納如下:分別是「教育訓練落實」、「員警對於家暴事件通報處理程序的消極心態」、「約制力的薄弱感」及「對於家庭暴力防治法第63條之1的定義模糊」。研究發現，警察機關對於家庭暴力防治法第63條之1增訂後進行相關講習，員警普遍在通報或轉介上能確實執行，使得通報或轉介正確率有一定水準;惟因係新増訂法條，員警普遍經驗尚不足，在進行通報或轉介時，卻仍有需仰賴諮詢婦幼工作專業人員或家庭暴力防治官協助的情形。
另外，研究也發現員警對於該新增訂法條認為親密關係伴侶的定義過於模糊，導致在受(處)理案件時無法立即明確判斷，容易造成犯罪黑數或增加後端網絡單位的工作量。
 

英文摘要:

Article 63-1 of Taiwan’s Domestic Violence Prevention Act was added on February 4, 2015, came into effect a year later, and has become popularly known in Chinese as the “abusive lover article.” This article stipulates that abusive behavior in a non-domestic intimate relationship towards a partner who is at least 16 years old is to be covered by the Domestic Violence Prevention Act. Although this amendment has been widely welcomed by women’s groups and society at large, it seems that law enforcement officials have paid little attention to it, and few cases relating to Article 63-1 have been filed up to the present; thus its effectiveness remains to be seen. The aim of this research was to determine how familiar law enforcement personnel are with Article 63-1, any difficulties they have experienced in relation to enforcing it, and any suggestions they may have regarding it. For this purpose I carried out this qualitative research by conducting interviews with law enforcement personnel and collecting related information.
Semi-structured, in-depth interviews were conducted with five police officers and officials whose work is closely related to Article 63-1. Integrated analysis was used to formulate four themes: education and training; a passive approach towards reporting and dealing with cases of domestic violence; weak enforcement; and confusion regarding the contents of Article 63-1. The results show that even though police officers have already received short-term training regarding the criteria for reporting cases of domestic violence under Article 63-1, since they lack practical experience in this area, when dealing with actual cases they typically seek advice and assistance from their colleagues who are more familiar with the contents of Article 63-1.
The results also indicate that police officers are unclear about the exact meaning of “intimate partner” in Article 63-1, making it difficult to make accurate assessments in a timely manner, decreasing the likelihood of actual cases getting properly filed, and increasing the workload of the government agencies which will eventually have to deal with the case in the long run.
 

資料來源: https://hdl.handle.net/11296/w8945q