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This paper aims to evaluate four restorative justice programs in Taiwan: (1) a mediation system; (2) deferred prosecution and conditional suspended sentence; (3) a youth justice system; and (4) the Taiwan Restorative Justice Initiative. In this paper, models proposed in Marshall (Restorative justice: An overview. London: Home Office, 1999) and Brai...
Contexts in source publication
Context 1
... example, McCold and Wachtel's (2003) restorative justice typology, shown in Fig. 2, clearly demonstrates that a so-called restorative justice program may only have one or two parties' voice and needs in its design. As the typology illustrates, only the programs in the central zone of this diagram are fully restorative because these programs consider and include all three parties' voices and needs. Other programs that ...
Context 2
... According to the official evaluation report of the Initiative, prosecutors were the key persons who decided whether a case was referred to the restorative justice process, but the facilitators were the soul of the process, directing the real process. This report also pointed out that facilitators were inclined to give the power and space to the parties and were concerned about the willingness of the parties to participate (Huang et al 2011). Also, the parties could lodge an application to participate in this Initiative. ...
Context 3
... is particularly vulnerable to being neglected as it is overshadowed by other values such as reconciliation and restoration. In the official evaluation report of the Restorative Justice Initiative, restorative justice practices were deemed by many judicial officers as unnecessary as they were considered no different from the original mediation system (Huang et al 2011). This might be attributed to the emphasis on peaceful case settlement and restoration of property loss and relationships in the promotion of restorative justice, and the lack of emphasis on the importance of accountability. ...
Citations
... First of all, Taiwan and mainland China have the same historical and Confucian roots in their criminal justice systems and society. The large mediation system for civil and minor criminal cases in Taiwan has a legal basis that can date back to the 1930s, the same root of mediation in mainland China (Huang & Chang, 2013). In addition, non-governmental organizations (NGOs) have become actively engaged in RJ initiatives, energizing RJ in Taiwan to evolve from a "top-down" policy to a "grass roots" social movement (Huang et al., 2022). ...
... In Huang and Chang's review (2013), traditional mediation was considered mediatorcentered, meaning that the mediators monopolize the process and oftentimes push both parties to settle the case for the mediators' performance. In the view of Huang and Chang (2013), traditional mediation fails to meet what John Braithwaite called "constraining standards," namely "empowerment, non-domination, respectful listening, and accountability" (Braithwaite, 2002). It might explain why the practitioners keep stressing that RJ is "not" traditional mediation in earlier days, to encourage victims and offenders to participate. ...
“Restorative Justice,” firstly a research concept and later a criminal justice practice, was introduced into Taiwan at the beginning of the twenty-first century. This paper reviews how RJ grounded in the Taiwanese district prosecutors’ offices and gradually grows into a grassroots social movement. We propose that the RJ advancement benefits from open-minded policymakers, dedicated academics, and innovative facilitators. The facilitators trained from 2011 to 2012 became key players to spread the RJ practices to other criminal justice sectors and beyond. In addition, the third wave of judicial reform further enabled the embedding of the RJ procedure in the Juvenile Justice Act, the Code of Criminal Justice Procedure, the Prison Act, and the Detention Act. We compare the discourse of RJ advocacy in the east and the west and address the importance of cultural sensitivity, terminology translation, and the meaning of localized practice. In conclusion, we reflect on the existing evaluation reports of the Taiwanese RJ model and provide recommendations for future development.
... Instead, this innovative theory represents a broad philosophy to address deviant behaviour by bringing together the victim and offender (Zehr, 2015). It seeks to replace the retributive traditional criminal justice system, which has spread around the globe through colonisation, with a communal response to offending (Huang & Chang, 2013;Zehr, 2015). By bringing together the victim and offender, and unlike the Western traditional criminal justice system, the paradigm of restorative justice is also argued to be a balanced or victim-orientated response to offending (Shapland et al., 2006). ...
Like most criminological research, much of the research on hacking has predominantly focused upon the Northern Metropolis. As a result, there is a lack of focus on cybercrime within the Global South, particularly on illegal intrusions into computer systems, more colloquially known as hacking. This article provides a critical overview of hacking in the Global South, highlighting the role of strain in this offending behaviour. In particular, the authors note the role of Australian, American, and Taiwanese immigration policies that act to block offenders’ transitions from illicit hacking to legitimate employment in technological hubs outside of the Global South. To address these blocked opportunities, this article suggests the use of innovative justice paradigms, particularly restorative justice and regulatory self-enforcement, that respond to innovation-based cybercrime while also facilitating offender movement into “white hat” employment, even in cases of technology-facilitated sexual violence.
... This is why community members choose to participate in restorative justice, even though they are outside the social networks of the offenders and the victims and are, thus, not supporters assumed to be of any major emotional significance to the offender or the victim. Huang and Chang (2013) have argued that the hierarchical nature of family relationships in Chinese culture may contradict the value of the open and equal relationships needed in restorative justice, leaving no room for community members to participate. Chinese societies are governed by social norms that emphasise familial relationships, including filial piety, "face", collectivism and social harmony. ...
... They need to follow the rules by expressing their affection and concern for others in the process of social interactions (Jacobs, 1979). In Confucianism, teachers and coaches are not only people with knowledge in a particular field; they have been entrusted with the responsibility to teach and take care of their students as parents would do while police officers represents the power of the state (Canda, 2013;Chia, 2012;Huang and Chang, 2013). In the following sections, interviews and discussions with teachers and police officers will be presented in this discussion to illuminate the importance of Confucian relational ethics in understanding the role of professionals as community members. ...
... Based on this unique understanding of community members, it is relatively easy for Hong Kong Chinese to accept power imbalance and a hierarchical social relationship amongst different stakeholders in restorative justice mediation (Huang and Chang, 2013;Wong, 2014Wong, , 2016. Although restorative justice principles state the importance of equality between every participant, it is much less of a consideration for Hong Kong Chinese. ...
Purpose
This paper aims to present and discuss the findings from a qualitative study of victim-offender mediation meetings in two non-government organisations in Hong Kong between January 2015 and February 2016. It argues that mediators in Hong Kong have a unique interpretation of the criteria for someone to be considered a “macro-community member”. Confucian relational ethics emphasises that everyone lives in a personal nexus and wrongdoings will disturb this nexus. In this specific context, therefore, mediators feel that reconciliation and reparation should be dealt with by the people in the offender’s network while the involvement of unknown macro-community members is discouraged.
Design/methodology/approach
The semi-structured interview was adopted for use in this study, and an interview schedule with 12 open-ended questions was prepared as a guideline for conducting the interviews.
Findings
Mediators in Hong Kong have a unique interpretation of the criteria for someone to be considered a “macro-community member” Confucian relational ethics emphasises that everyone lives in a personal nexus and wrongdoings will disturb this nexus. Reconciliation and reparation should be dealt with by the people in the network, and the involvement of macro-community members will certainly disturb this network.
Originality/value
This study was conducted by the author between January 2015 and February 2016 for the purpose of obtaining a doctorate. The paper has neither been published previously nor is it under review for publication in any other journal at this time.
... Such steps are not unusual and have been formally placed into criminal justice systems in other Asian jurisdictions (Wong, 2014;Wong & Tu, 2018). For example, in Taiwan, two District Prosecutors' Offices, Tainan and Kaohsiung, have been employing RJ in family conflict or domestic violence cases in the way of a Victim and Offender Mediation model (Huang & Chang, 2013). The implementation of RJ in Hong Kong may also benefit from a wider variety of resources to assist IPV perpetrators. ...
The global trend of violence in interpersonal disputes amongst couples is alarming. The literature reveals a need to identify factors that are associated with intimate partner violence (IPV). The identification of factors associated with IPV provide opportunity to develop strategies to minimise the cycle of violence. In our study site, Hong Kong, a predominant patriarchal society may be conducive to the overrepresentation of female victims of IPV. In a traditional Chinese society, women are particularly vulnerable to a range of risk factors associated with IPV. To explore such vulnerability, we examine how key risk and protective factors affect IPV tendency among young people who have grown up in a Chinese patriarchal society. An online questionnaire with six social and psychological scales was employed. Variables include: (i) trust; (ii) values and beliefs; (iii) history of abuse; (iv) stress; (v) acceptance of restorative justice philosophy; and (vi) IPV tendency. Our findings highlight gender differences with regard to values and beliefs towards gender equality and IPV tendency and confirm correlations exist between literature-informed explanatory risk and protective factors and IPV tendency.
... In recent decades, there is evidence to suggest that RJ has become a new CJ initiative among academics, legal professionals and government officials around the globe including Asian jurisdictions such as China, Hong Kong, India, Japan, Singapore, South Korea and Taiwan (Bae, 2013;Braithwaite & Zhang, 2017;Chan, 2013;Huang & Chang, 2013;Letha & Thilagaraj, 2013;Mok & Wong, 2013;Sakiyama, Lu, & Liang, 2011;Vides Saade, 2008;Wong, 2014;Zhang, 2013). Regarding the origins of RJ, Umbreit, Vos, Coates, and Lightfoot (2006) analyse that within the Englishspeaking world the roots of the prevailing focus on the harm to the state can be traced back to eleventh-century England. ...
In Hong Kong, juvenile justice embraces mainly disciplinary welfare and rehabilitative philosophies. Various statutory measures are applied to juvenile offenders, including police cautioning, community-based treatment programmes and custodial sentencing options. However, no statutory restorative measure has yet been incorporated into the mainstream criminal justice system in Hong Kong. Several non-governmental organisations are developing innovative strategies to prevent problematic adolescents from slipping into delinquency and are willing to apply restorative practices to help delinquents desist from engaging in criminal careers. This study begins with main features of restorative justice, and it highlights the preventive and correctional services for delinquents in Hong Kong. The study also questions the explanations offered by the government for not implementing restorative justice. By comparing restorative options for juveniles in some Asian jurisdictions, the study advocates for an earlier introduction of restorative justice for the benefits of juvenile offenders.
... Therefore, we need more research to advance our arguments. In this regard, the approach adopted by Huang and Chang (2013) might be one option. Drawing upon Marshall's (1999) diagram on the relationship between stakeholders of crime, and upon Braithwaite's (2002b) standards of RJ values and principles, they evaluated restorative features of the entire Taiwanese justice system (Huang & Chang, 2013). ...
... In this regard, the approach adopted by Huang and Chang (2013) might be one option. Drawing upon Marshall's (1999) diagram on the relationship between stakeholders of crime, and upon Braithwaite's (2002b) standards of RJ values and principles, they evaluated restorative features of the entire Taiwanese justice system (Huang & Chang, 2013). Also, as Miyazawa (1997) argued, an ethnographic study would be necessary to test the applicability of reintegrative shaming in Japan (c.f. ...
Restorative justice (RJ) has experienced rapid growth. Along with its development, myths about RJ have emerged. Although several scholars have challenged these, two myths about restorative features in the Japanese justice system and society – (1) the role of apology, compensation and confession; and (2) the application of reintegrative shaming – arguably remain pervasive. In this paper, we aim to advance a critical analysis of these two ostensibly restorative features of the Japanese justice system and society. We argue that the reality may be more nuanced. We conclude by analysing why these myths have emerged and what functions they have performed.
... Added evidence that Taiwan's arrest statistics reflect real age-crime distributions is provided, first, by arrest data covering earlier time periods in Taiwan (e.g., 1980s and1990s) showing older age-crime distributions similar to those observed in recent times 7. Support for this projection as applied to Taiwan comes, also, from several of our prominent interviewees (e.g., Taipei police captain)-that 1) the police are instructed to follow a strict policy of making an arrest of juveniles violating the law and leave the matter of discretion to the juvenile court where all juvenile arrestees are referred; and 2) whatever the presence of police discretion toward teen law violators, it ends at approximately 18 years of age or so (see also Chen and Hsu, 2007;Huang and Chang, 2013;Lai, 2015). ...
Current empirical and theoretical understanding of the relation between age and crime is based almost entirely on data from the United States and a few prototypical Western societies for which age-specific crime information across offense types is available. By using Western databases, Hirschi and Gottfredson (1983) projected that the age distribution of crime is always and everywhere robustly right-skewed (i.e., sharp adolescent peak)—a thesis that is both contested and widely accepted in criminology and social science writings. In the study described here, we tested this age–crime invariance thesis by comparing age–crime patterns in Taiwan (a non-Western Chinese society) (N = 1,695) with those in the United States (N = 8,076). In light of Taiwan's collectivist culture versus the U.S. individualist gestalt, we anticipated more divergence than homogeneity in their age–crime schedules. Our findings show robust divergence in Taiwan's age–crime patterns compared with U.S. patterns and the reverted J-shaped norm projected by Hirschi and Gottfredson. Implications for research and theory on the age–crime relation and for studying human development or life-course topics more broadly are discussed.
... According to the framework proposed by Braithwaite (2002) to measure the standards of RJ services, numerous services may have attained the 'constraining standards', but not the 'maximising standards' and 'emergent standards'. Such a perception toward the use of the Chinese style of RJ is also shared by a number of scholars (He, 2012;Huang & Chang, 2013;Minzner, 2011;. He and Ng (2013) asserted that some judges who conduct judicial mediation are not passionate enough, and merely aim to reach a quick settlement. ...
Restorative justice (RJ) has developed and grown rapidly in the past few decades. It is considered a significant element in mainstream criminological practices, specifically for understanding and handling crimes with the aim of holding offenders accountable for their actions, restoring human dignity, compensating material losses, and reconciling relationships. Currently, RJ is not used only in Australasia, North America, and Europe, but also in the criminal justice (CJ) systems of Asian countries such as China. This paper examines how RJ is applied at different levels of the CJ system, including prosecution, court hearings, sentencing, and reintegration, in the People's Republic of China (mainland China). It also highlights examples of RJ practices and discusses concerns, current challenges and paths forward.
... According to the fra- mework proposed by Braithwaite (2002) to measure the standards of RJ ser- vices, numerous services may have attained the 'constraining standards', but not the 'maximising standards' and 'emergent standards'. Such a perception toward the use of the Chinese style of RJ is also shared by a number of scholars (He, 2012;Huang & Chang, 2013;Minzner, 2011;. He and Ng (2013) asserted that some judges who conduct judicial mediation are not passionate enough, and merely aim to reach a quick settlement. ...
This article discusses the trend of juvenile and youth crime, which has been on the rise during the past 40 years in China. With the help of literature derived from Chinese policy documents and criminological sources, it highlights the essence of Chinese Marxist criminological thought and the changing conceptions of delinquency from the postrevolutionary period to the present. It also examines official responses to delinquency as well as the recent development of juvenile justice in China. The article argues that the current system of delinquency control and juvenile justice should gradually move toward the adoption of a just restorative approach.
