Research and Development of Adult Probation System in Taiwan - A Case Study of the Draft of Community Corrections and Enforcement Law

• Main Authors: CHEN, HUEI-CHING, 陳繪晴
• Other Authors: 林俊宏
• Format: Others
• Language: zh-TW
• Published: 2017
• Online Access: http://ndltd.ncl.edu.tw/handle/74520600577950786750

碩士 === 逢甲大學 === 財經法律研究所 === 105 === At the early criminal proceeding system, there were three major stages including investigation, trial, and execution. Under the theoretical influences of rehabilitations and welfare state, those were then expanded into five major stages including prevention, investigation, trial, execution and protection. Meanwhile, the stages of prevention and protection were the weaker parts; however, they were at the pivotal position in the criminal prevention. Most important of all, adult probation plays the key role in the whole stage. The adult probation system in Taiwan has been developed for 34 years, but there are many practical problems and difficulties needed to discuss and overcome. For example, the government does not pay enough attention on the affairs of adult probation which made its role vague and unclear. The lack of a complete set of statutory basis and a questionable structural design under local Prosecutors Office has also restricted its function. In addition, whether the establishment of an independent body is also a key point for the future improvement of adult probation in Taiwan. Considering those shortcomings of the current system, this thesis would like to point out the practical disadvantages of existing adult probation with the references of foreign legislations, as well as provide countermeasures and developmental direction in order to improve the professional status of adult probation. In recent years, the Ministry of Justice has proposed a draft of Community Corrections Implementation Law, but yet for legislative overdue. For long-term development and adult probation reform, this study will focus on the draft law and put forward some opinions and suggestions to promote the legal reforms on adult probation with the dedicated efforts for enhancing its importance and value.