台湾本土化修复式正义于「社区」运作疑义反思之刍论

A Preliminary Thought on the Reflection of Taiwanʼs Localized Restorative Justice on the Doubt of the Operation of “Community”

Restorative Justice, is a Relational Justice that restores damage. Its main function is to address the harm done to the victim by the crime, rather than to punish or correct the perpetrator. For the parties most directly affected by the crime, that is, the perpetrator, the victim, the family members of the parties, and even members or representatives of the community, various opportunities for dialogue and problem-solving are provided. The system allows the perpetrator to recognize the impact of the crime and take direct responsibility for his own behavior, repair the victim’s emotional wounds and make up for the actual damage. Relative to the penalty-centric criminal justice system, Restorative Justice is not focused on punishment or retaliation. Instead, the system emphasizes how the state heals wounds, restores balance, restores broken relationships after a crime has occurred, and gives "justice" a new meaning. Justice in the search for truth, apology, comfort, accountability and recovery. "Restorative Justice" has been developed in Western countries for more than 40 years. The first country in the world to legalize Restorative Justice was New Zealand. In recent years in Taiwan, for example, the Code of Criminal Procedure, Juvenile Justice Act, and the Crime Victim Protection Act, which is being revised, have all included this system as one of the legal methods for resolving disputes. Therefore, in order to fully understand whether these practical operation doubts are in line with or contradict the public cognition issues, and the value of the system in the current social atmosphere. This research is conducted through a questionnaire survey conducted on the general public. The study found that social cognition and trust in the model can be observed in terms of demographic characteristics, perception measures, and community participation. At the same time, it can also be predicted that "social workers" may play an important role in the promotion of restorative justice in Taiwan in the future, especially in the part of community representatives, and provide warm social care. This paper also suggests that the diversity, openness, universal transparency and legalization of the appointment qualifications or sources of restoration promoters should be improved, and the future vision of local Restorative Justice should be continuously promoted.