- 英文摘要
- “Community Correction” should help criminals return to society, and
protect social security. Currently, Taiwan and Mainland China focus on the
development of the community correction. Taiwan especially wants to rely
on community correction to reduce overcrowding in prisons, and Mainland
China wants to rely on community correction to make the political
declaration and adjust the penalty system. In Taiwan, the regulations related
to the community correction such as Criminal Code and Rehabilitative
Disposition Execution Act are fragmented. On the other hand, Mainland
China has regulatory orders to run the community correction such as 2004
and 2012 community correction regulations. While Mainland China did not
complete the legislation, Mainland China proposed draft legislation about
the community correction in 2013 and 2016, in which presented their wish
to make one code for community correction in the future. This paper will
show that community correction law has room for improvement for both
sides of the Taiwan Strait. Some examples of the improvement include
defining the scope of people who can accept community corrections,
security measures in the community correction's period, and methods to
encourage people to participate in community corrections. In addition,
Taiwan should refer to Mainland China regarding paying attention to social
rehabilitation and making one code to standardize the community
correction.
- 目次
- 壹、前言
貳、兩岸社區矯正的發展
參、兩岸社區矯正的法制
一、臺灣社區矯正的法制
（一）保護管束
（二）社區服務及治療輔導
二、大陸社區矯正的法制
（一）暫行辦法
（二）實施辦法
肆、兩岸社區矯正法制的檢討與建議
一、社區矯正的定位
二、矯正對象的界定
三、保障治安的設計
四、民間參與的機制
五、制定專法的考量
伍、結語
