修復促進者培訓認證制度之研究: 以法院審判中轉介修復式司法為中心

Restorative justice in Taiwan could date back to July 2009, when the Department of Justice (DOJ) launched the "Building dialogues, repairing harm - the restorative justice program". One year later, in June, DOJ approved a long-term national "Restorative Justice Project". In addition to providing funds for all District Attorney's Office and implementation of restorative justice services, DOJ set up training standards for restorative justice facilitators in 2017,and held nationwide training every year. In the same year, the Judicial Reform National Conference recommended that the government "should practice and legalize restorative justice"; therefore the government then revised relevant regulations. In order to actively cooperate with the national restorative justice policy, the Judicial Yuan has also started to establish relevant procedures, norms, personnel training, certification, and other mechanisms for "referral of restorative justice in court trials" while amending the law. This research was funded by the Judicial Yuan that aims to develop a systematic and standardized "Restorative Justice Facilitator Training Course Outline" based on the referral of restorative justice in court trials, as well as the certification for facilitators, accreditation for restorative justice services providers and restorative justice quality guidelines. The research method is divided into two parts: foreign countries' information analysis and domestic draft development. Foreign countries include: the United Nations, the European Union, the United Kingdom, Germany, New Zealand, the United States, and Canada. Information includes: restorative justice values and principles, facilitator core competence, training programs outline and structure, facilitator certification, restorative justice provider certification, quality standards and so on. After collecting the data, the research team provided a domestic draft to the seven- member expert advisory group for discussion and review. Thereafter, we conducted two rounds of Delphi questionnaires on the core competencies and measurement indicators to build the expert group consensus. Finally, based on the finalized core competencies and measurement indicators, the curriculum outline and certification criteria, and process were designed, and then reviewed by the expert group again. The results found that the United Kingdom and New Zealand have unified and comprehensive curricula, certification, quality assurance policies, and mechanisms. Germany has a national Victim- Offender Mediation syllabus with the longest training time. The European Union recently completed the RE-JUSTICE project in 2022 and published a training manual for judges and public prosecutors. The United States and Canada do not have a unified approach, training standards were developed by different centers. After referring to the materials of various countries, we suggest that our country adopts the eight core restorative justice values of the United Nations, and "competencies-based education" for facilitator training. Therefore, we propose 12 core competencies to actualize the 8 core restorative justice values, and use their measurement indicators as the curriculum outline, and as the quality indicators for restorative justice practice. At the same time, a draft of the certification of facilitators is proposed, and the existing facilitators could be endorsed during the transitional phase. Ten recommendations are also made for the role of the judiciary. It is recommended that the Judicial Yuan and local courts could play an active role in establishing and promoting restorative justice in Taiwan.