以命被告作文為修復式司法之嘗試 A Try for Restorative Justice by Instructing the Defendant to Write Compositions

造惡之徒，固有其罪。惟不曉諭罪業深重而純徒之，或命以金錢具保，則被告無意於懺悔，被害人亦無感於正義。斯刑之本意，失之無形。	A criminal is guilty for sure. However, if we do not let him know how guilty his behavior is, and just put him into jail, or let him be bailed by money, the defendant will not repent, and the victim will feel no justice as well. Thus, the punishment will gradually lose its meaning.
今推事命被告作文，以為諸裁量之參考，其旨趣盎然矣！蓋欲作文，心必靜謐；心生靜謐，始得思過。所思之過，具體化現作文之中。相形於言語、模樣，諒必嘔心絞腦，無以造作，俾被害人觀諸此等竭誠之文字，愈可得深層之慰藉，寧許昇華為人文上和解。	In this time, the judge instructed the defendant to write compositions, and took the compositions as references for measurements. I think it to be interesting. Since when writing a composition, a person will be in silence, and only in silence can he begin to repent. Finally, his repentance will materialize in his compositions. Comparing to oral and facial expressions, the compositions need more painstaking efforts, and we can check them out. They may be a comfort for the victim when reading those sincere words in the compositions. By this, we wish the defendant and the victim can further reach a humane compromise.
又被告作文於遣詞立意遇有瓶頸時，自須謙問，始得受教，一來二去，雖非可觀，不乏教益也。且被告於謙問之際，與親友師長往來互動，自然彌補曾經之疏離，而悄萌更生之契機。	Moreover, when confronting with expression difficulties, the defendant has to modestly ask for help. Once or twice after, he will more or less learn something, and by asking for help, the defendant will interact with his families, friends, teachers or superiors, and naturally they will be more closer to each other than before. This will bring the defendant more opportunity for life renewal.
此等作文之法，於心智未熟之徒，尤其有效。其被告無可塑性者，自不適用；至於過失犯，如本無惡意可供反省，尚無適用之餘地。適而用之，調而解之，推而廣之，知者引領之。	The instruction for composition is especially effective for a mentally immature criminal. While it is not applicable to a defendant with an inflexible character, and we also have no idea to apply it to a negligence conductor, for he has no malice to repent at all. If we can apply it to the right cases, we can mediate the arguments, and we can popularize it step by step, and then the intelligentsia will join us.