A comparative study between the Adult Paroled System in Taiwan and Japan──To take a point of view of integrated the Probationary Administration with Paroled System as the kernel

• Main Authors: Conan Lin, 林順昌
• Other Authors: Yao-Cheng Ke
• Format: Others
• Language: zh-TW
• Published: 2003
• Online Access: http://ndltd.ncl.edu.tw/handle/19362044021983637027

碩士 === 東海大學 === 法律學系 === 91 === As a result of the influence of the theory of unusual power relation（besonderes Gewaltverhältnis）, about a topic for study or discussion of the essential human right of prisoners always lack somebody to make inquiries, in addition, both of our country and Japan as regards the legal property of approved to parole is a construct of administrative disciplinary action. It collocates with the theory of unusual power relation, commonalty take “approved to parole” into “to render a favor”, without latitude of the persons concerned. Rarely have I heard such a example about a topic for study or discussion of the essential human right of prisoners by the Bar, only a few that, for instance: “As regards the matter of to hedge about the vote or the voting qualifications”, “The question of to shorten the duration of the probation of parole”, “The question of that probationer applied for abroad”, “The matter of that probationer applied for abroad repeatedly” and so on, because of the trend is strengthen the function of control, each and every consider there is no doubt that under the perform the theory of unusual power relation too. So far as “Are prisoners entitled to apply for parole?”, “Could he got a relief right when his application of parole is disallowed?”, “How can he defended when his parole is cancelled?”, “Can he refuse the command when he is limited right or requested to accept a forced disciplinary action during the probation of parole?”, “A suing and laboring clause of the cancel of parole” be concerned, follow a rational line defend from the wing of the theory too. Thereby, the correction and regeneration are disconnected from “be tortured” to “on probation” on the modern criminal policy, with regard to that such as designs in operational systems, we really wondered whether it would be proper. Therefore, this essay base on reason that right and interests protection of prisoners is a foundation, and it parted five chapters debated on these questions sequentially. First, it will mentions from the meaning of parole, the purpose of parole, the course of change and development of the parole system. Secondary, state about theory of penalty and the inner meaning of probation, then distinguish from constructs of “Parole” and “Probation of parole”. Besides, introduce “the parole system of Taiwan” and “the parole system of Japan” distinctly, moreover, compared the differential between both them. Lastly, it will propose some reformations in connection with the existing state of affairs. Furthermore, we expect to contributive to reformation of Taiwanese parole system and probation system.