日本高齡者犯罪議題與其對策――以司法和福祉合作為中心

法務部統計資料顯示，如今臺灣的高齡者犯罪正呈現增加趨勢。然而臺灣的相關研究數量並不豐碩，內容亦多以高齡化監獄改革為主，而未更深入探討高齡者犯罪原因與解方。為了能預先為未來做準備，本文以日本針對高齡者犯罪所做出的研究為根本，探討其如何發現、處理、因應高齡者犯罪問題，在達成了部分成果的同時，現今又面臨那些問題，希望可以提給臺灣作為參考的對象。
第貳章主要是探討日本高齡者犯罪原因，從高齡者面臨的身、心理變化與社會結構改變，探討在現如今高齡者作為社會上什麼樣的存在、又產生了何種要素趨使其犯罪，而刑事政策在其中扮演的角色又是何種模樣；第參章則著重探討日本高齡者犯罪被重視的契機與司法與福祉開始合作的始點、以及兩者是如何透過合作形塑出日本高齡者犯罪對策的雛型；第肆章進一步介紹日本對於高齡犯罪者出獄後轉銜制度的運用，並說明這些制度背後的學理討論與司法與福祉在運作上產生的利與弊；最後，第伍章從更生保護觀點切入，探討日本司法與福祉間自古以來的關係性，並分析兩者合作應採取的態度與方式；最後的附錄則回到臺灣高齡者犯罪的實務狀況，討論台日間就高齡者犯罪議題採取的態度與更生保護制度、轉銜制度呈現的不同樣態，並試著在臺灣現況下提出可以為了處理高齡者犯罪議題而修正的制度或行動。

According to the statistics of Ministry of Justice, recently, the amounts of elderly crime in Taiwan is increasing. However, the research about elderly crime in Taiwan cannot be called sufficient, while most of them focusing on the problem of aging prison instead of the reason leading to the raise of elderly crime, as well as the solution to it. In order to search for the prevention of elderly crime in Taiwan, this thesis is written based on the research of elderly crime in Japan, while trying to clarify the process of how Japanese government was conscious of this problem, what kind of action they took(including the amendment of law and policy),and if the actions mentioned above have truly achieved some goal that can become the reference for Taiwan.
Hence, as for chapter 2,the thesis tries to clarify the reasons causing the elderly crime. By depicting the image of the elderly in modern society, we can find that there are some changes occurring on their lives, including the physiological and psychological changes, the financial problem, the incapability of them to catch up with the society as well as the social exclusion on them. Those reasons are said to lead to the results of elderly committing crime in Japan. In this chapter, the thesis will do the research on it, and see how the criminal policy of Japan act in this situation; In chapter 3,the thesis focuses on the beginning of the cooperation between Justice and Welfare on the issue of elderly crime in Japan, including the opportunity that the society became aware of the problem of elderly crime, and what kind of action the Justice and the Welfare took in the process of coming up the policy for it; In chapter 4,the thesis introduces the policy and institutions that Japan adopting through the elderly crime as well as analyzing the pros and cons of the cooperation between the Justice and the Welfare; After browsing through the development and the content of the elderly crime policy of Japan,in chapter 5,the thesis turns its prospective to criminal rehabilitation in Japan.By discussing the relationship between the Justice and the Welfare in the field of criminal rehabilitation,we can realize the function they used to have,which helps to clarify the way or rules both the Justice and the Welfare should obey for building up a good relationship on the issue of elderly crime;In the end of this thesis, we try going back to the situation of the elderly crime problems in Taiwan,discussing the differences about the policy and institutions between Taiwan and Japan as well as trying to provide some suggestions that seem to help improving the policy of elderly crime in Taiwan.