In the article 1 of the Prison Act, it is mentioned that〝The purpose of imprisonment and custody is to encourage and assist an inmate to reform and adapt to social life.〞In Taiwan, the population of prison has been increasing rapidly in recent years, and along with what the authority presented in the latest revision of the criminal code, the polarized sentencing policies has become a slogan. In fact, the criminal code tends to be more punitive which maintain recidivism and increase criminal penalties drastically. Thus the punitive criminal code results in increasing prison population and violates the fundamental human rights and dignity that affects the functions of rehabilitation and security. In order to accord with the Public’s juristic expectancy, the pendulum of today’s criminal correction model swung to the punishment model, which emphasizes on isolation and retribution; therefore, it neglects the most important purpose of the prison, re-socialization. Depending upon comparative jurisprudence, we can realize the punitive criminal code is not a panacea. The social order and the crime rate doesn’t have absolute things to do with the imprisonment status, and punishment is not the only way to resolve crime. We should follow the rule of law and take the punishment as the final measure. The main body of this article suggests an alternative that the authority may increase applications of the diversion treatment and the criminal punishment of fine and probation system to take the place of imprisonment. Besides criminal punishment and rehabilitative disposition, we should promote the third punitory method, the offender-victim mediation, which put emphasis on social, individual, and law peace to assure the human rights both of the offender and victim.

資料來源:http://handle.ncl.edu.tw/11296/ndltd/38511182499396740815