| 摘要註: |
臺灣獄政史上首次發生「高雄監獄211劫典獄長事件」不僅撼動全臺灣並登上國際媒體版面。受刑人對於假釋形式與實質要件、假釋審查機制之重視不言可喻。本論文研究動機探討假釋審查具不公平因素,是以平等性之保障及假釋審查委員會初審與法務部複審,是否能發揮假釋審查鑑別度、公正性、客觀性。近年來,我國假釋核准率約80%,如此高核准率,受刑人為何仍覺得不公平,此問題意識及法令規章與實務操作之交互作用,乃受刑人對於假釋制度殷切期盼之所在,本論文以假釋審查機制平等性之保障加以探討。 近來,受刑人人權高漲,假釋制度是刑罰特別預防思想的產物,除鼓勵受刑人悔改向上,重做新民,實務上兼具監獄管理與穩定囚情,是棍子也是紅蘿蔔;亦或如歐陽修「縱囚論」的上下交相賊?如何提升假釋制度平等性與審查機關裁量權標準化(S.O.P.)、透明化,為現行刑事政策評估的議題。本論文經由研究探討提出結論並以野人獻曝提供建言。 In the history of Taiwan's Prison, this was the first such incident at Kaohsiung Prison which six inmates held their warden on February 11, 2015. It shook all people in Taiwan and hit the international headlines. It's beyond expression to value parole form, requirement, and review mechanism for inmates. This motivation of study focuses on the unfair factors in parole review mechanism. Therefore, does that get the most out of its discrimination, fairness, and objectivity of parole system according to the equal protection, the first trial made by the Parole Board and the case review made by the Ministry of Justice. In the recent years, the approbation ratio of Taiwan's parole has been about 80%. Why do they feel unfair with the high approbation ratio? The interaction among this perceived-severity, regulations and laws, and practice is the expectation of the parole system for inmates. This paper is to discuss the equal protection of inmates parole review mechanism. Recently, inmates' right has been run high. Parole system results in punishment to prevent thought, in addition to encouraging inmates to repent and start anew, including prison management and stabilizing the inmates. Does it play a role in carrot and stick? Or is it a mutual game between the former and the latter on the Probationary Release of Death Convicts written by Ouyang Xiu? Now, the issue of estimate of the criminal policy is how to promote the equality of parole system and to make the decision of review institution standardize and clarify by S.O.P. This paper based on the conclusion of my study and to provide some suggestions in brief. |