軍隊運用修復式正義之研究

The Study on the Restorative Justice Applied to the Military

全球司法市場搶手商品的修復式正義，將解決爭端的程序，從原來正式的司法程序，轉向強調以被害人、加害人和社區之間關係修復的措施，同時，也在校園、家庭、職場的衝突事件，注入修復式正義的理念與實踐，我國空軍首開，運用修復式正義解決軍隊內部衝突事件。為瞭解軍隊實踐情形，找出當事人決定參與對話意願的指標因子，從文獻資料及專家焦點座談歸納，包括案件特質、轉介者及促進者的特質、當事人的特質及適當的介入階段的5個構面，以及構面下17個指標因子，透過「一致性模糊偏好關係（CFPR）」方式，由8位專家進行問卷，計算出構面及各指標因子間之相對權重值及相對重要程度排序。再而找出問題，並提供轉介者、修復委員獲得未來規劃所需資訊，同時冀助釐清軍隊或類似的全控機構對於推動修復式正義的重點方向。

Restorative Justice, the hot topic of contemporary jurisprudence, has made the process for conflict resolution transformed from formal criminal justice procedure to a measure that accentuates rehabilitation the relationship among victims, offenders and community. Meanwhile it introduces the ideology and practice of restorative justice to the measures dealing with conflicts in academy, family and workplace. ROC Air Force is the explorer in utilizing restorative justice as a mechanism to solve frictions raised from military internal affairs. In order to survey restorative justice practice in the military and find out the impacting factors that indicate party's willingness to participate. From the reading of academic references and analysis of expert's views delivered in seminar, there are five facets at the intervention phase, and their 17 indicating factors. This article employed 'consistent fuzzy relationship (CFPR)' through a questionnaire conducted by experts to calculate the relative weight between the facets and each of their indicators and ranked their relative importance. Issues were thus founded and forwarded to referrals and mediators for future policy making with the hope that they may be served as guidelines and referred by military or other organizations in promulgating restorative justice.