監獄矯正人員執行刑罰權力的轉變──以釋字第653號為分野

The penal power's transformation among correctional officers in Taiwan: Taking Chief Justice's Judicial Interpretation No. 653 as a demarcation point

本研究之主要研究目的是以2008年司法院大法官所做成之釋字第653號為一分界點，比較這前後矯正人員執法權力的轉變。過去矯正人員對於受刑人的管理與執法，強調威嚴與紀律，較不強調分配正義與實體正義，較忽視渠等人權；但自釋字第653號解釋以來，隨著監所人權的蓬勃發展，在過去10年間，矯正人員的執法，強調依法行政、重視受刑人感受與權益的趨勢，似乎走向學者Crewe（2007）所主張的由硬性權力（hard power）轉變為軟性權力（softer power）之典範（paradigm），或如任全鈞（2018）所言：從受刑人幹部與管教人員的委任共生治理，轉變為人權與法治的人性化管理。為驗證是否存在此一執行刑罰權力轉變之典範，本文利用質化研究，於2019年底至2020年初針對5名來自不同監獄之無期徒刑且在監監禁至少25年的受刑人（經歷2008年釋字第653號解釋之前與之後的矯正人員執行刑罰方式），進行深度訪談，針對矯正人員執法權力的轉變，進行探究與比較。研究顯示，矯正人員之執法權力，確實呈現出過往與晚近不相一致之風格：由嚴格之管理方式轉向較為人道之執法方式。此外，管教方式確實已揚棄過往受刑人幹部與矯正人員委任共生的治理方式，取而代之的是著重程序正義的人道處遇與管理措施。最後，針對本研究之發現，提出相關政策意涵，供矯正當局參考。

The primary purpose of this study is to examine if the penal power of corrections officers has changed before and after the demarcation point of Chief Justice's Judicial Interpretation No. 653 held in 2008. As known, Taiwanese corrections officers emphasized control, monitor, and discipline in the management of prisoners, suggesting less emphasis on distributive justice and substantive justice, as well as inmates' rights before the 21st century. However, due to the announcement of Chief Justice's Judicial Interpretation No. 653, along with the burgeoning development of human rights in prisons, the correction officers seem more likely to stick to procedural justice/due process rule and emphasize the feelings and rights of inmates. It also seems to be a model of the transformation from a ＂Hard Power Paradigm＂ to a ＂Softer Power Paradigm＂ which has been advocated by the Crewe (2007), or similar to Ren's (2018) argument: (the penal power paradigm) shifted from a contracted co-management by prisoners' cadres and corrections officers to a humanized management carried by correctional officers in the way of emphasizing human rights and the rules of laws. In order to verify whether there is such a model of the transformation of the penal power in Taiwan corrections system, this study employs qualitative research to interview five inmates who have been housed in prisons for more than 25 years and experienced penal power's swift before and after 2008. Those in-depth interviews have been arranged from the end of 2019 to the beginning of 2020 in three different prisons ranging from the northern part to the southern parts island-wide. Based on their narratives, this study reveals the penal power of correction officers does present a style that is inconsistent with the past (before 2008) and recent times (after 2008), which means it shifted from a strict management style to a more humane law enforcement method. Also, the management style has indeed abandoned the past governance method of a contracted co-management by prisoners' cadres and corrections officers, and it was replaced by a method with more humane treatment and management emphasizing procedural and distributive justices. Finally, in response to the findings of this research, some relevant policy implications are proposed to the correctional authorities and administrators.