社區矯治之政策與法制改革

相較於先進國家不斷深化的社區矯治措施，我國囿於人力與經費不足、理論面的研究與發展欠缺，導致實際上呈現出來的運作，往往是圍繞著疏解超額收容所為的思考。本文透過對美、加、德的矯治策略介紹，除深入瞭解彼邦如何降低監禁人口與成本、擴張或強化社區矯治外，更將焦點置於其改善刑事司法實務的操作所為的種種努力。展望未來，既然有效的社會復歸可以降低再犯已獲得實證，設計多樣的轉向機制與治療計畫、漸進式的復歸機制，甚至透過如問題解決法庭等專責機構的設置、增加遵守社區監督的激勵措施等，均可供我們借鑒。

關鍵字

社區矯治；非機構性處遇；刑罰替代措施；社會復歸；觀護制度

並列摘要

In contrast to the community correction measures that are constantly being refined by the advanced countries, as a result of being hampered by insufficient manpower and funding, as well as by a lack of theoretical research and development, the efforts to reform the correction system actually taken in Taiwan have been limited to mostly ineffectual thinking about ways to relieve the overcrowding of prison facilities. This research project through an introduction to corrective strategies in the US, Canada, and Germany to gain a deeper understanding of how other countries reduce the incarcerated population and incarceration costs, and how they have expanded and strengthened community corrections, and further examine in detail the various initiatives taken to improve criminal justice practices in these countries. Looking ahead to the future, since it has been verified that effective rehabilitation can reduce recidivism, Taiwan can find much to learn from in these countries' design of various diversion mecha nisms, treatment programs, and progressive rehabilitation mechanisms, and even their establishment of dedicated organizations such as ＂problem-solving courts＂ and greater respect given to the incentives measure of community supervision.