比較民刑事紀錄科書記官工作壓力及其來源之差異

Differences in Job-related Stress between Civil and Criminal Court Clerk

廖純瑜(Chun-Yu Liao)

指導教授 ： 周愫嫻

國立臺北大學/社會科學學院/犯罪學研究所/碩士(2008年)

摘要

外界一向對書記官一職，較法官、檢察官之職務來得陌生，大都認為書記官是開庭作紀錄，事實上不全然如此。此外，國內無針對「書記官」做主要之研究探討，但卻有許多其他行業研究有關工作壓力之問題，文獻指出大部分壓力相關因素為女性、未婚、家庭衝突、人際關係、資淺者、專業能力不足、考績、工作負荷等因素；而壓力會反應在生理、心理、行為及人際關係等面向。本文企圖以民刑事科書記官為研究對象，介紹其工作內容並比較其工作壓力，進而瞭解壓力之成因，並提出建議及解決之道。故而本研究之目的有三：（1）瞭解民刑事紀錄科書記官工作壓力來源之差異。（2）瞭解民刑事紀錄科書記官生、心理等壓力反應之差異。（3）如何紓解民刑事紀錄科書記官之工作壓力。
本研究之研究方法主要為「問卷調查法」，以臺灣臺北、士林、板橋地方法院民刑事紀錄科書記官為問卷調查對象，回收有效樣本總計164份，以統計分析軟體SPSS(Statistics Package for Social Science)彙整分析樣本之特性、比較民刑事科書記官壓力來源之差異，並透過迴歸分析，找出影響壓力之因素。
經研究結果發現，民刑事科書記官之工作壓力來源，其差異為：刑事科書記官工作倦怠、對工作不滿意、與行政主管溝通不良、常感倦怠不想上班的情形均高於民事科書記官；辦理專庭或重大矚目案件、支援開庭、開庭負荷、值班、羈 押人犯之壓力亦較大。惟此差異，並非皆對壓力反應產生顯著影響，真正對壓力反應產生顯著影響之因素，大部分來自工作倦怠感高、工作滿足度低；而民事科在收案量、女性、未婚者、人際關係差、憂心打字速度、工時長、擔心考績者、受法官開庭情緒影響之書記官，壓力較大；在刑事科方面，女性、家庭關係不融洽、子女數目愈少者、憂心打字速度之書記官，壓力較大。
綜上本研究主要建議：(1)落實開庭不逾時。(2)值夜班之隔日應予給假。(3)落實人員輪替制度。(4)調整薪資。(5)增設速記員或相關制度。(6)成立福委會與醫療院所合作。(7)改進追音辨字系統。(8)檢討研考之設計。(9)建立代理制度。(10)增加專業能力之課程及紓壓管道。

關鍵字

書記官 ； 工作壓力 ； 民事科 ； 刑事科

並列摘要

Those who are not in legal circles know more about jobs such as that of judge and prosecutor than clerk, and most people regard the clerk only as a recorder in the court; nothing can be farther from the truth. Partly as a consequence, there is no research focusing on role of the clerk in Taiwan, however there are researches investigating problems related to work stress in other occupations These researches show that factors related to high work stress are: female, unmarried, family conflict, interpersonal relationship, junior, insufficient professional ability, performance evaluation and work loading etc; work stress will influence the body’s physiology, psychology, behavior and interpersonal relationship. In this study, the subject was clerks in civil and criminal recording sections; the researcher introduced their tasks and compared work stress, in order to further understand the causes of stress and to propose suggestions and solutions.
Therefore, there are three purposes of this study: (1) to understand the difference between the origins of clerks’ work stress in civil and criminal recording sections, (2) to understand the difference between reactions on the physiology and psychology of clerks in civil and criminal recording sections, and (3) how to reduce their work stress.
This study utilized a “questionnaire survey” to investigate clerks in civil and criminal recording sections in Taiwan Taipei, Shilin, and Banciao district courts. Total valid samples were 164. The researcher used statistics analysis software SPSS to analyze the characteristics of samples, compare the origin of work stress of clerks in civil and criminal recording sections, and find out the factors influencing work stress through regression analysis.
According to the results, it was found out that the work stress of clerks in civil and criminal recording sections came from: for clerks in criminal recording section, they felt burned out about their jobs; they were not satisfied with their jobs; they did not communicate well with their supervisors; they often felt burned out and did not want to go to work. The frequency of the above-mentioned of clerks of criminal recording section was higher than the one of civil recording section. They had more work stress than clerks in civil recording section when they held special courts or serious case, supported opening a court session, had loading in opening a court session, when they were on duty and when they detained criminals. The differences between clerks of civil and criminal recording sections were listed above; however, those factors did not all have significant influences on stress. Mostly, higher feeling of burnout and lower job satisfaction had significant influences on work stress. For civil recording section, clerks who had more cases, who were female and unmarried, who did not have good interpersonal relationship, who were worried about typing speed, who had long working hours, who were worried about performance evaluation, who would be influenced by judges’ mood in courts had higher stress; for criminal recording section, clerks who were female, who did not have a good family relationship, who had fewer children and who were worried about typing speed had higher stress.
A number of recommendations are made: (1) Overtime policy in the court session should be minimised (2) For clerks who take night shift should take one day off on the next day. (3) A Shift system should be carried out. (4) Salary should be adjusted. (5) Shorthand typist facility should be added (6) They should establish an employee welfare committee and cooperate with hospitals. (7) The system of character identification by voice should be improved. (8) Research and evaluation should be reviewed. (9) Acting employee system should be established. (10) Staff development should be enhanced and include stress reduction material.

並列關鍵字

court clerk ； work stress

參考文獻

林鈺雄，2003，《刑事訴訟法》。臺北：國家圖書館出版。

臺灣台北地方法院檢察署http://www.tpc.moj.gov.tw/

財團法人民間司法改革基金會網站http://www.jrf.org.tw/

巫政松，2002，〈交互詰問之研究—以台灣苗栗地方法院實施交互詰問之法庭活動為例〉。《司法研究年報》22（13）：1-13。

林宗志，1999，《交互詰問之研究》，中興大學法律學研究所碩士論文。