我國自主監外作業制度之研究

A Study on the Work Release in Correction Facilities in Taiwan

自主監外作業是法務部於2017 年6 月開始推動的一項制度，目的在於讓受刑人可以自主往返工作及監禁處所，而監獄無需派人戒護之監外作業，希望藉此培養受刑人自動自發的工作態度與自律自持的生活紀律，同時學習紮實的工作技能和增加作業收入，幫助受刑人儘速適應出獄之後的社會生活，及早為重返社會做準備，待其出監後能夠憑藉所習得的一技之長，復歸社會而順利就業，最終順利地和社會接軌；因自主監外作業範圍涵蓋面甚廣且並非我國獨創，文中將列舉同處亞太地區的日本、南韓，以及香港等國家，借鑑它們自主監外作業之相關法規以茲對照，而本文的問題意識著重在自主監外作業與更生人再犯率兩者間是否具有關聯性。因此，本文採用比較法、文獻回顧、法釋義學等研究方法，希冀找出自主監外作業與更生人再犯率之間的關聯性為何，做為本文預期之研究成果。

Working release in correction facilities is a system promoted by the Ministry of Justice in June 2017. The purpose is to allow inmates to voluntarily travel to and from work and the place of imprisonment without the need for prisons to send guards to work outside prison, hoping to train inmates Spontaneous work attitude and self-disciplined life discipline, while learning solid work skills and increasing income from work, help inmates to adapt to social life after being released from prison as soon as possible, and prepare for their return to society as soon as possible. The acquired skills, returned to the society and successfully employed, and finally successfully integrated with the society; because the scope of working release in correction facilities covers a wide range and is not unique to my country, the article will list Japan, South Korea, and Hong Kong and other countries in the Asia-Pacific region. Reference is made to the relevant laws and regulations of their working release in correction facilities for comparison, and the problem consciousness of this paper focuses on whether there is a correlation between the working release in correction facilities and the recidivism rate of rehabilitated persons. Therefore, this paper adopts comparative method, literature review, legal interpretation and other research methods, hoping to find out what is the correlation between self-service working release in correction facilities and the recidivism rate of rehabilitated persons, as the expected research result of this paper.