修復式司法運用在夫妻家暴互告傷害罪個案研究

Applying Restorative Justice to the Lawsuit of Domestic Violence for Assault-A Case Study

本研究目的是運用修復式司法的觀點及技巧，協助家暴互告傷害罪之夫妻做關係修復，並探討修復的歷程和成功修復的因素。研究者以個案研究方式，對修復促進者引導一對夫妻與其家屬進行4次晤談與對話的資料做分析，並做信、效度檢証。
研究發現：一、雙方當事人對促進者的信任，是成功修復關係的重要因素。二、修復式司法能促進當事人的改變動機。三、結合需求層次理論，有助於提昇關係修復的機會。四、關係修復過程中，應考量當事人的家庭、家族成員的生態影響。五、對修復夫妻互告傷害罪的關係具有成效。
本研究發現修復式司法不僅運用於一般家暴案件，也能修復嚴重家暴互告傷害罪的關係。此外，家暴具有個別特殊性，建議持續做更多的個案研究。

The purpose of this study was to use the perspectives and techniques of restorative justice to help a couple who were in the lawsuit of domestic violence for assault to mend fences with each other, and also investigated the progress of the restoration and the elements for success. Through the case studies, the researcher as restorative justice facilitator guided the couple and their family members to have interviews and dialogues for four times, data analysis and reliability and validity were done.
The results of the study showed:
1. Trust of the two parties to the restorative justice facilitator is an important key for the success of repairing relationship.
2. Restorative justice could promote the parties’motivation to change.
3. Combining with Maslow's hierarchy of needs would increase the chance of relationship repair.
4. In the progress, the ecological influences of family and family members should be considered.
5. The restorative justice was useful to the parties who were in the lawsuit of domestic violence for assault.
In conclusion, the study found that the restorative justice not only helpful for general domestic violence, also serious ones. Also, individual domestic violence is unique, more case studies is needed.