易服社會勞動政策之評估研究

An Evaluation Research on the Diversion Policy of Community Service in Taiwan

勞動服務自1960年代起引入刑事司法系統，運用於審前、審判或執行中、釋放之後等不同階段，一般肯定其對於犯罪人復歸整合的正面功能。臺灣的易服社會勞動制度取法自國外的社區服務，從2009年實施迄今卻沒有全國性的抽樣驗證其執行成效。本研究採取調查研究法，蒐集來自11個地檢署共550件的勞動人樣本。研究結果發現：相較於美、德、澳、韓等國，臺灣在推動易服社會勞動制度過程對於修復式正義的精神認識尚淺，依然停留在犯罪懲罰的階段。調查分析結果也證實：相較一般結構變項，理論變項中的責任賠償、人格尊重顯然對於勞動人的社會修復有更顯著之影響。本文建議在將來制度推動時，手段上應更符合去標籤化、方案設計上配合社區整合、公民參與，對於勞動人、社區以及執法單位達成一個互利三贏的局面。

Introduced into the criminal justice system during the 1960s, community service can be meted out before a trial, during sentencing or a sentence, or after release, and it is typically regarded to play a positive role in the rehabilitation of criminals and their reintegration into society. Taiwan’s regulations on commuting punishments to community service are based on legislations and practices in foreign countries, but the effectiveness of these punishments since their implementation in 2009 has not yet been verified through nationwide sampling. Accordingly, a research survey method was employed in this study to examine 550 participants with the experience of performing community services from 11 district prosecutors offices. The research findings revealed that compared with the United States, Germany, Australia, and South Korea, Taiwan’s understanding of the spirit of restorative justice in the context of advocating community services is limited, and it remains predominantly fixated on criminal punishment. The survey results indicated that the social restoration of individuals carrying out community service is more significantly influenced by theoretical variables, such as liability compensation and personal respect, than by general structural variables. Therefore, efforts should be made to promote community services, prioritize destigmatization, and develop programs that emphasize community integration and civil engagement. These measures can lead to a mutually beneficial, win–win situation for individuals carrying out community service, the community, and law enforcement agencies.