- 期刊
- OpenAccess
刑事政策之量刑思辯－以大陸山東「電腦法官（量刑）」為例
Reflection and Debate on Criminal Sentencing Policy- ＂Computer Judge (Sentencing)＂ of Mainland China's Shandong Province as an Example
摘要
刑罰的裁量一向被視為對犯罪行為之反應結果，2004年山東淄川區法院創造了一套電腦量刑系統，藉以防堵法官自由心證的不公正；亦即，法官在審判「刑事案件」時，只需將被告的犯罪情節輸入電腦，輕點滑鼠，電腦就會根據相關法律條文，對該被告進行適當量刑。但仍有毀譽參半的聲浪出現，而且有「弊多於利」的思辯，美國早在1970年代，提倡量刑改革運動－將量刑「公式化」，並一致通過「量刑改革法」（Sentencing Reform Act），雖然與電腦法官（量刑）之型態類似，但最大差別在於：電腦法官是「機械」審判人類，美國量刑改革還是「人類」審判人類；畢竟，在科技普及的世代下，電腦量刑固然是項創舉，但畢竟是人類製造出來的衍生物，即便故障，也是透由人類修繕，在處理涉及人民權利事務及人身自由保障時，恐怕人腦還是比電腦較為周延，並符合刑事政策上所謂因人而異之「個別化」之需要。
並列摘要
In recently, the wellness promoting programs of nurturing social, emotional, mental and spiritual well-being are stressed in the higher education of Taiwan. Mindfulness practice is a new approach to promote physical and mental health advocated by Western psychology. Mindfulness-based interventions in the West are widely applied to various areas, including education, management, and even in the military. After 2000, more and more American and European educators try to introduce mindfulness practice into the school system. Previous studies have suggested that mindfulness practice could enhance the capacity of attention, awareness, emotional adjustment and improve cognitive performance. Many scholars believe that it also conform the idea of general education, as nurturing whole person and promoting personality integration and spiritual development. In short, mindfulness practice could be more effective in helping students develop those psychological traits and abilities pursued by general education. Today we know little about how to integrate mindfulness practice into curriculums in higher education classroom, and even make mindfulness become a way of being in students' life. In order to improve our knowledge base in this area and build a school-based mindfulness program in the future. This study adopted action research. Students in emotional and stress management course in 2013 academic year that included mindfulness practice were measured by pre- and post- test (i.e., Perceived Stress Scale and Five Facet Mindfulness Questionnaire). Their diaries after class were also analyzed. The finding of the study was that change in the performance of Perceived Stress Scale and Five Facet Mindfulness Questionnaire was not significantly different between pre and post test. But, there were four positive impacts concluding from the students' feedbacks, including mindfulness practice could enhance attention and awareness, increase well-being and relieve stress. Finally, this study purposed suggestions for proceeding mindfulness practice in classroom of higher education.