- 期刊
少年感化教育之執行困境：從少年法庭現場觀察到之議題及興革建議
The Implementation Difficulties of Juvenile Reformatory Education: Issues and Recommendations from a Juvenile Court Perspective
摘要
感化教育乃現行《少年事件處理法》所規定四大類型保護處分之一，雖然透過統計資料觀察發現，全國各少年法院（庭）近10年間裁定非行少年進入感化教育處所施以感化教育之總人次，大約僅占全體保護事件終結總人次之5%，但此等個案之複雜程度絕對不下於接受其他類型保護處分之非行少年。近幾年間，無論在少年矯正學校或輔育院之執行層面上均陸續出現不少問題，到底這些問題是肇因於法規制度層面上之缺失？抑或是執行單位所存在之困境？未來，感化教育該朝哪一個方面修正，始符合《少年事件處理法》第1條所揭示之理念？實有深入加以探究之必要。在本文中，筆者從法院端之觀察角度出發，先說明執行感化教育之相關規定與接受感化教育非行少年交付執行現況；其次，利用臺灣高雄少年及家事法院近11年間被裁定交付感化教育非行少年之「少年調查（保護）事件統計事項調查表」數據加以彙整、統計，試圖找出受感化教育非行少年之背景資訊與非行成因；另審閱臺灣高雄少年及家事法院法官最近兩年間諭知感化教育裁定書之內容，歸納整理出法官之所以裁定命非行少年接受感化教育所考量之因素，希望能藉此描繪出受感化教育非行少年之圖像。最後，本文指出現行感化教育在執行層面上所面臨之困境，並提出興革感化教育制度之建言。
並列摘要
Reformatory education was one of the four major types of protective treatments in Juvenile Proceeding Act. Through an observation of the statistical data, although it was found that the juveniles receiving reformatory education occupied only 5% of the final total headcounts in the entire protection events, yet the level of complexity of such cases were obviously not lower than juveniles receiving other types of protective treatments. In recent years, the problems of reformatory education appeared one after another, no matter in Juvenile Correction School or Reform School, therefore, were these problems caused by regulatory and systematic drawbacks or caused by predicament of the implement departments? And how to adjust or reform these problems? Meanwhile, in the future, which direction should be corrected to meet the concept disclosed to the article 1 of Juvenile Proceeding Act? These topics were really worthy of investigation. In this article, the author will start from the viewpoint of the juvenile court to describe first the present implement situation for juveniles receiving reformatory education; next, ＂The table about statistical items of Juvenile survey (protection) events＂ data that decided juveniles to reformatory education in recent 11 years were statistically summarized, meanwhile, the contents of rulings made by the judges of Taiwan Kaohsiung Juvenile and Family Court in recent two years for reformatory education were reviewed to induce factors considered by judges for deciding the juveniles to receive reformatory education, and it was hoped that the image of juveniles receiving reformatory education can be drawn. Finally, through the observation of personal practical experience, the predicament faced by the present reformatory education in the implementation aspect was pointed out, and suggestions for improving reformatory education was proposed.