台日少年矯正教育改革與轉銜問題之挑戰

The Juvenile Corrections System in Taiwan: The Present Situation and Future Challenges

台灣少年法制與矯正教育主要承襲於日本法制，故少年矯正機關早期亦受到日本法之影響，設有與日本少年矯正機關相仿之少年院、少年觀護所與少年監獄。惟近年台日少年矯正教育部分受到英美實證主義矯正思維影響，對於矯正教育之實施，已逐漸脫離傳統十八世紀古典主義，傾向十九世紀實證主義針對收容人實施分類調查及處遇並實施教化內容，此主要有益於收容人之社會復歸與再犯預防。然隨著2009 年4 月日本廣島少年院、2014 年8 月台灣彰化少年輔育院院童發生被虐事件後，台日雙方重新思考並對於少年矯正教育改革甚多，特於矯正教育機構內之學科教育進行更具體之改革。本文擬就文獻探討與比較法研究方式，主要聚焦於台灣與日本矯正教育之現況與改革進行分析。

Correctional education in Taiwan is implemented in accordance with theJuvenile Delinquency Act of2015 and related statutes. As indicated by theestablishment oftwo new correctional schools in recent years, the juvenilecorrections system in Taiwan is now quite comprehensive in terms ofbothprotection ofj uveniles and criminal penalties for juvenile offenders. Eventhough Taiwan's juvenile corrections system is one ofthe best in Asia, thereis still much room for improvement. For instance, at the Changhua ReformSchool several riots broke out in the summer of2014, and in April 2015there was an incident in which an inmate is alleged to have died as a resultofinapp ropriate treatment. Thus it is abundantly clear that an overall reviewofthe juvenile corrections system is a major desideratum.
In this research I use document analysis, comparative law, and empirical methods to investigate the orientation, characteristics, and future direction ofT aiwan's juvenile corrections system in light ofth e Juvenile Delinquency Act and the reforms of the juvenile corrections system in Japan which has influenced it. Conducted over the course of three years, the purpose of this study was to: 1) address recent incidents at juvenile correctional facilities which have caused concern; 2) review the support provided by the Ministry ofEducati on.