Mediation of Criminal Case in Restorative Justice

• Main Authors: HSIA， HUA-HSIANG, 夏化祥
• Other Authors: SHEU，CHUEN-JIM
• Format: Others
• Language: zh-TW
• Published: 2006
• Online Access: http://ndltd.ncl.edu.tw/handle/57111599408471716237

碩士 === 國立臺北大學 === 犯罪學研究所 === 94 === Research Background And Purpose： To protect the right of defendants is always a main character in criminal theory and practice in today’s criminal justice system；however, no one pays attention to victims at all. For example, prosecutors replace victims as litigants in the whole procedure, that is to say, victims are not the subjects, and they even have to make requests to prosecutors for appealing to a higher court. Victims will not get comfort but hurt again for simply being witnesses and meanwhile, interrogated. Furthermore, Amendment to the Criminal Law was amended to execute polarization in criminal policy—undoubtedly, it will cost tremendous amount of expenses to establish maximum security prisons for the increasing prisoners—with the aggravation of public security, the legal system would collapse finally. At the beginning of 1970s, European and American countries started to systematically develop a practical model called—Restorative Justice, which focuses on victims’ conciliation, indemnification and treatment, is totally different from the Retributive Justice. This research will concentrate in the identity/difference, operation patterns and deficiencies between Restorative Justice and mediation of criminal case in Taiwan. Research Design： ＊Bibliography－Academic works, dissertations, journals, governmental and local competent authority’s report and statistical data on Restorative Justice and mediation of criminal case in Taiwan.＊In-depth Interview－District：Tao Yuan Mediation Committee partial Interview：Interviewee：(a.)Secretaries (3 people)(b.) Mediation Commissioners (6 people)(c.)Litigants in Mediation Cases (4 people)＝＞ Two established cases and two unestablished ones.＊Participant Observation：Take assault cases, which is the highest rate in criminal cases, asobservation objects to understand practical operations；Induce and analyze the data collection；Address the conclusions and suggestions. Research Content and Interpretation： （a）Compare the identities /differences between Restorative Justice and mediation of criminal cases by fundamental concepts, viewpoints on crime, main purposes, attitude toward victims and results. （b）Discover and expound the eight deficiencies from the observation of four mediation cases. （c）Discuss the possibilities on how to apply five main features of Restorative Justice to mediation of criminal cases. Conclusion： （a）Restorative Justice and conciliation of criminal cases are essentially the same. （b）Operation pattern of mediation of criminal cases still needs to be improved. （c）Restorative Justice could apply to mediation of criminal cases to promote its functions. Suggestions： Mediation System：（a）Clarify the transaction quality and committee position. （b）Organize the units. （c）Diversify the functions and establish. （d）Complete referral system of law. Law：(a) Amend Town and City Mediation Statute. (b) Establish mediation committee regulations. (c) Set up principal rules for execution. Execution：（a）Strength the networks among mediation committees and related authorities. （b）Increase budget to improve mediation environment. （c）Certify mediation committees to attract new blood. （d）Offer professional training for conciliation commissioners. （e）Improve mediation methods. （f）Better assessments of mediation result. （g）Enlarge and intensify community functions.