日本刑事設施視察委員會制度之探討

Study on the Japanese Penal Institution Visiting Committee System

隨著我國2020年修正公布之監獄行刑法及羈押法中「外部視察小組」制度的新增，矯正機關勢必面臨過去未有之挑戰。鑑於該制度參考自日本「刑事設施視察委員會」制度設立，故本文就該國制度之設置意義及實務運作狀況等面向進行探討，以為日後我國視察小組制度施行時提供相關參考。以2002年名古屋刑務所暴行死傷事件為契機，日本對於刑務所等刑事設施之相關法令進行全面修正，並新增「刑事設施視察委員會」制度，以落實刑事設施管理透明化原則。該委員會可藉由視察、訪談等活動掌握行刑管理狀況，並據以提出改善建議|前揭建議及各刑事設施所做回應，日本法務省每年需公布之。該制度自2006年起，各視察委員會雖尚能依法執行權限並發揮預期效益，惟仍面臨如改善建議遭漠視等問題。文末，筆者以陳情、申訴事件之處理非屬日本視察委員會任務之特色，建議我國視察小組制度應據以參採，以避免限縮成只為陳情、申訴者服務之組織|此外並提示視察小組需與矯正機關建立良好關係，防止因過度對立而無法達到改善機關之效益。最後則建議於視察小組制度施行五年後進行檢討，使該制度能適時修正並利未來長期推行。

With the addition of the ''Inspection panel'' system in the Prison Act and the Detention Act in 2020, correctional institutions must face challenges that have not been seen in the past. Considering that the System was established with reference to the ''Penal Institution Visiting Committee System'' in Japan, this paper shall discuss the intentions and practical operation status of the System to provide relevant future references for the implementation of an inspection panel system in Taiwan. The atrocities and casualties that occurred in 2002 at Nagoya Prison was a turning point for Japan. A comprehensive revision of their ''Act on Penal Detention Facilities and the Treatment of Inmates and Detainees'' was performed including the addition of the ''Penal Institution Visiting Committee System'', which implemented the principle of transparency in Penal Institution Management. The committee keep tabs on management statuses through visits, interviews, and makes recommendations for improvements accordingly. The recommendations and improvements made to each penal institution must be announced by the Ministry of Justice of Japan every year. The System was established in 2006. However, the visiting committee still has not been able to enforce their legal authorities to bring desired effects into play as they face issues such as neglect of improvement proposals. At the end of this paper, the author uses the handling of petitions and complaints that are not the tasks of the Japanese visiting committee to suggest that the inspection panel system in Taiwan should avoid becoming an organization that only serves petitioners and complainants. It also reminds the inspection panel to establish a good relationship with correctional institutions to prevent oppositions that can affect the improvement of the organization's effectiveness. Finally, it recommends that a review should be conducted five years after the inspection panel system is implemented so that the system can be amended in time to facilitate long-term implementations in the future.