日本更生保護制度之研究

本研究係針對我國目前再累犯問題嚴重、監所高收容率及費用成本支出問題，已使人民對國家維護治安能力產生疑慮。基此研究動機，冀藉由探討日本實行已久之更生保護制度，進而對我國相關現行制度提出具體建議。本研究主要目的有三：1.探討日本更生保護制度之歷史緣起、基本理念與組織結構。2.探討日本更生保護制度之運作成效及可能影響因素。3.就上述分析提供國內制度具體建議。本研究以文獻探討為主要研究方法，並輔採訪談方式，對於日本更生保護制度中第一線執行工作者之保護觀察官4人，依擬定訪談問卷進行首次訪談。針對四員觀察官均勾選中關聯性、高關聯性之因素，採用為二次訪談大綱，訪談對象為具實務及學術背景之日本近畿地方更生保護委員會官員乙員，歸納分析影響處遇成效可能因素。研究發現: 日本更生保護制度係明治21年(1888年)，日本實業家金原明善所創立的「靜岡縣出獄人保護會」為更生保護之開端，運作即以更生保護事業及保護司等民間慈善家協助舉辦各類活動為主軸而實施。權責機關為日本法務省保護局，法務省設有中央更生保護委員會，保護局下設地方更生保護委員會、保護觀察所及保護司選考會，於第一線專責實施更生保護工作。因2004-2005年間，日本發生多起重大再累犯事件，日本政府即就該制度進行全盤檢討改革，並於2007年6月18日制定通過「更生保護法」，明確劃分工作權責、強化保護觀察作為，並實施多項綜合性處遇措施。訪談分析則發現：經首次問卷訪談歸納出十三項可能影響處遇因素後，就所列因素之關聯性進行二次深入訪談，就可能影響處遇成效因素，綜整分析以下五點發現: (一)有效解除個人不利因素，同時排除社會環境不利因素，始有改善更生可期。 (二)良好居住環境等措施有助重建與社會之緊密聯結。 (三)不健全之家庭生長環境易造成溝通困難等一連串處遇不利因素。 (四)出獄後家庭親友包容等社區關懷，有助修復對象與社會間遭損害之關係。 (五)相較成年，少年處遇時面臨更多影響處遇成效因素。研究建議: 1.制定「觀護法」。2.建立獨立觀護體系。3.落實觀護對象分類作法，結合綜合性處遇作法。4.充實觀護處遇作為，並有繼續性處遇之規劃。5.導入日本之環境調整作法。6.國家應承擔必要之責任。

關鍵字

社會內處遇；更生保護；保護觀察

並列摘要

This research is a study on the present serious condition of repeat offenders in our country and the problem of high take in rate in prisons and cost disbursement that resulted in doubts by our people on the ability of the country on maintaining public order. Based on this research motive, study was conducted on the after-care system in Japan that has been implemented for a long time and further concrete suggestions are presented on the present system of our company. There are three research purposes including: 1. Exploring the historical origin of the after-care system in Japan, its basic philosophy and organization structure. 2. Exploring the operation result of the after-care system in Japan and possible affect factors. 3. Providing concrete suggestions on the domestic system based on the above analysis. This research was based on literature study as the main research method and was supplemented with interview method. Aiming at four after-care observation officers in the front line of the after-care system in Japan, interview questionnaire was formulated to conduct the first time interview. As all four observation officers selected the factor of medium correlation and high correlation, the second interview outline was adopted. The interview target was one officer in the After-Care Committee of Kinkichihou in Japan with practical experience and academic background. Afterwards, possible factors that would affect the intervention result was summed up and analyzed. Research findings: For the after-care system in Japan, the outset of after-care was the 「Shizouka After-Care Society for Person Discharged from the Prison」founded by Japanese industrialist 金原明善 in Meiji 21st year (1882). The operation was based on the assistance by philanthropists in the private sector including after-care protection business and after-care officer etc. and was implemented by conducting various types of activities as the main axis. The authority and responsibility unit was the After-Care Bureau of the Ministry of Justice. In the Ministry of Justice the Central After-Care Committee was established. Under the After-Care Bureau the Local After-Care Committee, After-Care Observation Bureau and the After-Care Examination Committee were established and were responsible to implement the after-care work. As there were many major repeat offense incidents in Japan from 2004~2005, the Japanese Government conducted overall review and reform and the 「After-Care Protection Act」 was formulated and passed on June 18, 2007 that clearly demarcated the work authority and responsibility, enhanced the after-care behavior and implemented many comprehensive intervention measures. Analysis from the interview discovered that: after the first questionnaire interview and upon summing up thirteen factors that might affect intervention, second time in-depth interview was conducted based on the correlation of the listed factors. Based on the factor that might affect intervention and after collective sorting and analysis, there were the following five findings: （1）By annulling personal disadvantageous factors effectively and at the same time by eliminating the disadvantageous factors in the social environment, there was expectation on improvement of after-care. （2）Measures like good living environment would help rebuilding and close linking with the society. （3）Inferior family living environment could easily cause a series of intervention of disadvantageous factors including communication difficulties. （4）Community concern including toleration by family relatives and friends upon discharge from the prison was helpful in repairing the relationship of damage between the target and the society. （5）Compared with adults, young people would face more factors of affecting intervention result during intervention. Research suggestions: 1. Formulate the 「After-Care Act」. 2. Establish independent after-care system. 3. Practice the after-care target categorization method and combine with the generalized intervention method. 4. Solidify the after-care intervention behavior and there should be planning of continual intervention. 5. Bring in the environment adjustment method of Japan. 6. The country should bear necessary responsibility.