修復式正義運用於刑事司法之研究-以臺灣花蓮地方法院檢察署為例
| Autor: | Shih-Chun Chen, 陳世忠 |
|---|---|
| Rok vydání: | 2017 |
| Druh dokumentu: | 學位論文 ; thesis |
| Popis: | 105 Since the 1970s, restorative justice has become an important subject in the field of criminal justice in the West. In 2002, scholars introduced the concept of restorative justice into Taiwan. Later, in 2009, the Ministry of Justice approved the "Promote the Restorative Justice- Plan of Constructing the Dialogue Mechanism and Healing the Criminal Harm." In 2010, it announced the “Pilot Program to Implement the Restorative Justice, " Which is to be participate in the pilot in 8 Procurator Offices. Later, in 2012, the program was applied to all procurator offices in Taiwan. The idea of restorative justice has become an important subject in national judicial practice. With the pilot program having been implemented for three years and some problems revealed, this study attempts to explore the reasons and provide possible solutions through systematic investigation, research, and data analysis. In Chapter 2, it contains the introduction of the theory of restorative justice and the real practice, including Offender-Victim Mediation, Family Group Conferencing, Sentencing Circles, Community Restorative Boards. Also, chapter 2 contains the introduction of how New Zealand, Australia, Canada, Germany, Japan and other countries that imply the Restorative Justice, and that how their experiences have inspired Taiwan. In Chapter 3, this study will examine the criminal investigation procedures with the spirit of restorative justice, that is, mediation, deferred prosecution, and the pilot program to imply the restorative justice. Chapter 4 carries on the empirical analysis of the case organ and summarizes the full text in Chapter 5. The study found that the result of implying the restorative justice is not as ideal as expected. Also, it found that by doing the following things helps to promote the implementation of restorative justice: 1. Define the idea of restorative justice, 2. Regulate the application of restorative justice in relevant laws, 3. Unify the standard of opaeration, 4. Simplify the work process, 5. Increase the human resources of the practitioners, 6. Provide funds and appropriate incentives to strengthen the application of incentive theory. |
| Databáze: | Networked Digital Library of Theses & Dissertations |
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