The Due Process of Law in Parole System in Taiwan

• Main Authors: LO,YI-CHIEN, 羅衣茜
• Other Authors: 吳志光
• Format: Others
• Language: zh-TW
• Published: 2017
• Online Access: http://ndltd.ncl.edu.tw/handle/49003765936997376752

碩士 === 輔仁大學 === 法律學系 === 105 === In order that the prisoners can successfully rehabilitate and return to the society, parole system is an important legal system today. Parole, a word originally meaning word of honor, is used in modern-day to describe the release of a prisoner on licence by the Parole Board while his or her sentence is still ongoing. This system can encourage the prisoners to correct evil doings and revert to good deeds. However, this is a conditional release that occurs in circumstances where the sentence is still ongoing and the prisoners can be called to prison if licence conditions are broken or if he or she commits a further offence. There are many scholars and experts discussing about the procedural protection of the inmates in the parole system, especially in 2010 and 2011. In J.Y. Interpretation no.681 and 691, two interpretation of the texts are mentioned that the permission of parole and the abandonment of parole should be derated the due process of law. And they also pointed out that the due process of parole would be set up by legislators. Although the Justice of the Constitutional Court made the decisions to try to break the special power relationship between the prison and prisoners, there are many problems which haven’t been solved in this system. The main problem about the parole system is the basic concept：Do the prisoners have the right to parole, or is the parole a grace？And how do the prisoners’ right of institute legal proceedings achieve when the application is rejected or the permission is revoked by Ministry of Justice？The procedure of scrutiny is unfair and unclear to the prisoners. They even ignore the requirement of due process. It’s not devised to protect the prisoners’ human right. Therefore, this essay will reconfirm the parole system though checking that the prisoners have the right to return society and try to establish the basic requirement - the due process of law, and this essay also holds that the power of parole about the permission and the abandonment should belong to the criminal court, then the problems among the parole system would be solved.