On December 1, 2017, PDIS held a collaborative meeting at the Treasury Center on “Adding a criminal law to criminal abuse, sexual assault, and injury to young children.” At the meeting, after everyone's discussion, we successfully found out various possible solutions for drunk driving. The proponent and the second party hope that the meeting will have a specific impact on the government in the future. Tang Feng responded that he will report to the Executive Dean and relevant heads at the next Monday government meeting.
The highest media attention in the history of the number of people in the company
On October 23, 2017, netizen grandfather proposed on the Join platform "Additional criminal punishment for drunk driving, sexual assault and injury to young children Ways to increase the whipping system", 27,000 people were accused in a short period of time, the highest number in the history of the Join platform Therefore, at the PO month meeting in November, that is, under the initiative of the Ministry of Justice PO, it became the theme of the collaborative meeting. This topic mentioned drunk driving, sexual assault, child injury and whipping, so the topic is also very broad.
Because the sponsor hopes that the government can include "whipping" as a solution for drunk driving, sexual assault, and child injury, but civil human rights groups believe that the whipping violates the human dignity guaranteed by the Constitution, such a collaborative meeting should not be government He refused to be invited to participate in this collaborative meeting, but failed to accommodate more different perspectives. Faced with this challenge, POs still collect a lot of objective information and [the context of related issues] through the research and collation of inter-ministerial meetings and interviews with different opinions (https://issuu.com/pdis.tw/stacks /a35c4303128c41d59aa3b39aa5a3847a).
At the same time, due to the large number of followers of this proposal, in order to understand the opinions of the public, the PDIS team asked Pol.is about the opinions of the public and the sponsors, and the opinions and perceptions of the public were made analysis.
Sharing their own ideas and gradually clarifying the connotation of opinions
At the beginning of the meeting, through the sharing of different stakeholders, the participants gradually learned the ideas of the sponsors. He believes that drunk driving, sexual assault, and injury to young children are often random and cause permanent damage to the victim, and the victim is relatively weak. He believes that these criminals have a high rate of recidivism and doubt whether Taiwan's laws can really curb such crimes; therefore, they hope to effectively deter such crimes through whipping.
This meeting also has drunk drivers and mothers who take care of him. The victim’s mother said that when no one went out, he hoped that his own person would cause a major disaster because of drunk driving. However, after so long, in addition to the social care people, many times the resources provided by the government are still insufficient.
Lin Meina, secretary general of the Anti-Drinking Association, said that they hope that through heavy punishment, the public can stop drinking. However, as human rights groups, they still oppose the use of whipping to solve the problem of drunk driving. He Zhiwei, a member of the Taipei City Council, cited national laws. For example, the US HAM Program (Hospital and Morgue Program) requires offenders to go to the emergency room and funeral home for four hours, Australia to buy the front page to announce the name of the drunk driver and driver's license; Turkey to let the drunk driver Walking 20 kilometers, or like Malaysia, the drunkard family and the drunken rider are connected to the prison, etc., hoping to make Taiwan a country with no drunk driving.
The Ministry of Justice speaks the rule of law principle
For these claims, the colleagues of the Ministry of Justice give a brief explanation of the basic principles of the rule of law in five minutes. The colleague mentioned that the criminal law has some principle principles, such as "final means" and "criminal law", that is, when civil and administrative are useless, the means of using punishment can be used. This is the last resort; and, punishment There is also the "self-responsibility principle", unless the parties are required to fulfill certain obligations, such as to prevent others from drunk driving, if there is no such obligation, they can not be given such punishment. In other words, if criminals are allowed to sit around in the criminal law, this is currently incompatible with the theory of punishment.
The Law Department colleagues also mentioned that although the penalty does have a certain deterrent effect, but empirical research, the crime can not be completely blocked; and the penalty will have a marginal effect, after the penalty is raised to a certain extent, deterrence The effect will be reduced. In addition to the possibility of penalties such as "chemical castration", it may be difficult to reduce the rate of recidivism. Some prisoners may instead retaliate and increase their motives for crime. Therefore, how to apply the sentence is more appropriate and may require more research to judge. The colleagues of the Legal Department said that they hope that through such sharing, let everyone understand why the legal person's persistence.
Group Discussion Imagine Possible Solutions
Next, the group discussion begins. The discussion was divided into two groups. The first group did not happen to the drunk driving. The second group was aimed at drunk driving, casualties, and discussed feasible solutions.
After discussion, the first group believes that the basic information currently in hand is actually relatively insufficient. The current causes of crime or improvement programs are hypothetical and imaginative. Therefore, perhaps after the seizure of drunk driving, the policing unit can collect some behavioral materials for the parties, such as where to drink, how to drink alcohol, etc., in the future, can help to clarify the severity and causes of drunk driving, and also to formulate appropriate policy.
The second group is for the discussion of the part of the victim and the drunk driver after drunk driving. The victim’s mother stated many of the problems she encountered after her son’s car accident and believed that Taiwan should provide the victim with a single window with temperature. In the part of the drunken party, it is discussed that in the future, it may be necessary to double the compulsory liability insurance for the person who drunk, or to pay a certain percentage of the penalty for the property of the party, and use this fine to help improve the victim. Situation.
In the second group discussion, we also discussed different ways of drinking and thinking, and thought about possible solutions. For some patients with family disability leading to long-term alcohol addiction, perhaps there should be a mechanism for first-line discovery and government intervention when the family has not had serious problems. After the family is disabled, the parties continue to drunk through the drunkenness. . After drunk driving, you can also ask the judge to force the person to carry out alcohol addiction treatment and quit alcohol abuse. For the case of the drunk driving in the last news, you may be able to ask the store to confirm that the person is not drunk to let him go, or to strengthen the service of drunk driving, so that more people can use such services.
Can Collaborative Meetings Have Concrete Results? Participants care
Participants pointed out at the meeting that they hope that the government's output on this meeting can respond with specific progress. Tang Feng pointed out at the meeting that she would include the results of everyone's discussion, including digital whiteboard and verbatim records, at the government meeting on Monday. Report to the Dean and other relevant ministry heads for future policy development; if there are specific policy decisions in the future, the friends of the company will be informed through the Join platform, "This is not the end, but a beginning."
In response to this response, the proposal and the second party are still worried that this meeting has no coercive power, "just talk about it" and hope that the government can make a difference after the meeting. They also hope that the government will not only respond to the canned documents, but will be able to provide a temperature response.
For the parties who hope to have concrete results, the participating colleagues said that it is really difficult to be based on the situation of the Taiwanese public service. Each ministry can only let the business units within its own powers and responsibilities hear and implement as much as possible. But if you cross too many ministries, you can only turn your opinions out. He also pointed out that this collaborative environment has no concerns and can be discussed with confidence. However, the specific challenges of implementation of various programs have not been carefully examined. However, this meeting was less immersed in the solution of the whipping, but returned to the fundamental problem of "drinking", both the proposer and the second party thought that such an arrangement was very good. The sponsor also said that this meeting was also able to understand the situation of the families of the victims because the victims were specifically asked to analyze the difficulties they encountered in their lives.
Objective data important business colleagues and the public agree
Before the meeting, the ministries will provide a lot of objective data, and the participants believe that it can really help everyone think. They explained that many people's views on Taiwan's judiciary often come from media reports. If you can let everyone know where the data and materials are placed, it can help the general public to think about the direction of the policy. They also suggested that the video of the conference should be placed on the Internet so that more citizens who care about the issue can see it.
The colleagues in the ministry also believe that this meeting really makes them understand the importance of objective data. He said frankly, "When the government solves the problem, it seems that there is not enough basic information to deal with the problem. It is like trying to solve the phenomenon or the superficial thing. This is the fastest way for us, but can it really solve the problem? He pointed out that the Ministry of Health should collect more research and data in the future when formulating policies, so that policies can be done well.
Spending time research and dialogue, in order to have good communication
Another colleague also mentioned that in order to prepare for this meeting, it was discovered that this topic involves social, criminal, philosophical and other issues. It takes a lot of time to study. In the past, the chief thinks that whipping Taiwan is impossible to adopt, and does not think it takes time to study. At the same time, the public service usually has a heavy business, and under such circumstances, it will also compress the time for research. He also admits that many times when people encounter crimes, they always ask for aggravated punishment. But in many cases, in the case of some policy discussions, other members are not necessarily willing to listen to the explanation, and they will be very weak. Today's occasion is because the time is lengthened, so the people at the meeting can use the time to talk and communicate better, and the effect is better.
Participants suggested that in the future, one or two larger issues can be selected to deepen the cultivation, to expand communication and participation with the people, and to make the results, in order to reflect the value of the collaborative meeting.