受刑人勞動與社會復歸

Prisoners'Work & Rehabilitation of Inmates

我國的文獻與獄政實務鮮少討論受刑人勞動之法律性質，諸如受刑人是否有勞動的義務？抑或受刑人有請求給予勞動機會的權利？受刑人勞動的目的何在？其實踐的模式與界限為何？其他社會保障機制的法律可否適用於受刑人勞動等等議題的討論皆屬欠缺。其次我國監獄中受刑人的作業金收入極低，連在監日常生活用品的支出都難以應付，乃向來的問題。因此，本文以德國與相關國際公約對受刑人勞動之定性、受刑人勞動之目的、實踐的界限等規範狀況進行說明。再輔以介紹德國與其他國家受刑人工資實務狀況，以及德國基於社會復歸目標下受刑人勞動的實踐模式。希望藉由提出外國法制與經驗，作為我國在受刑人勞動的相關議題討論上之參考。

The literature and prison administration practices in Taiwan rarely discuss the legal nature of the inmate's work, such as whether the inmate has the obligation to work? Or does the inmate have the right to request work opportunities? What is the purpose of the prisoner's work? What are the modes and boundaries of its practice? Whether the laws of other social security mechanisms can be applied to issues such as the labor of the inmates are not adequate. Secondly, the income of the inmates in prisons in Taiwan is extremely low, and it is difficult to cope with the expenditures on the daily necessities of supervision. This has always been a problem. Therefore, this article describes Germany's and related international conventions on the legal nature of the inmate's work, the purpose of the inmate's work, and the boundaries of the practice. It is supplemented by a description of the wage practice of the inmates in Germany and other countries, and the German model of practice based on the work of the inmates under the goal of Resocialization. It is hoped that by introducing foreign legal systems and experiences, it will serve as a reference for discussion on the subject of the inmate's work and income in Taiwan.