- 期刊
採用法院裁判書探討盜伐之影響因素－以嘉義地方法院為例
USING COURT JUDGEMENTS TO EXPLORE INFLUENCING FACTORS OF TIMBER TRESPASS: EXAMPLES FROM THE DISTRICT COURT OF CHIAYI
摘要
台灣盜伐事件頻傳，林務局與相關單位不斷檢討政策與制度，期望透過法規修正與各種方式，能有效防止盜伐事件的發生。因不同區域特性影響會導致盜伐的犯罪與行為模式有所不同，而嘉義地區為台灣四大熱點盜伐區之一。因此，本研究應用內容分析法分析，以嘉義地方法院的裁判書作為研究材料，從司法院法學檢索系統篩選出369宗案件的裁判書。系統化整理與分析裁判書後，本研究發現被盜伐的樹種不外乎仍是以貴重木為主，而盜伐的原因即為獲取其經濟收益。在裁判書裡顯示仍有25％的犯罪人次與犯罪行為，尚未遭受法律制裁。有許多外籍人士涉及盜伐案件，以越南籍最多。在已判決的涉案者中，多半為行蹤不明之勞工。另外，盜伐者在前科紀錄上以有森林法和毒品相關前科者最為常見。最後，在查緝犯罪方面，以盜伐犯罪者在搬運盜伐贓物的過程中，最容易被當場查緝。本研究之結果，期望能提供相關單位作為政策擬定的參考。
並列摘要
Incidents of timber trespass are frequent in Taiwan. The Taiwan Forestry Bureau and related agencies are constantly reviewing policies and systems, with expectation that through amending related laws and regulations, as well as various methods, timber trespass incidents can be prevented effectively. Due to the influence of different regional characteristics, the crime and behavior patterns of timber trespass are also different. The Chiayi area is one of the four hotspots for timber trespass in Taiwan. Therefore, this research uses content analysis to analyze the court judgments of the Chiayi District Court as the research materials. 369 court judgments were selected from the Law and Regulations Retrieving System of Judicial Yuan. After systematically reviewing and analyzing the court judgements, the study found that timber trespass focused on the wood of precious species and economic benefits was the major reason of timber trespass. The court judgements indicated that 25% of the criminals and behaviors have not been sanctioned by law yet. There were many foreigners involved in timber trespass, and most of them were Vietnamese. Most of the illegal loggers involved in the verdict were labors whose whereabouts were unknown. In addition, the loggers that had forest laws violation and drug-related criminal records were the most common. In terms of investigating crimes, timber trespass incidents are most likely to be captured during the process of handling stolen timber. The results of this study are expected to provide a reference for policy formulation for relevant agencies.