Rethinking about the Concept of the Re-Offending Prevention in the Criminal Justice and Research on the Diversion for Social Welfare

当福利机构承担对被判缓期起诉和缓期执行的人的康复支持时，往往会要求刑事司法发挥监督作用。但是，只要福利需要当事人本人的同意作为前提，刑事司法对福利的干预自然受到限制，福利也必须谨慎地将预防再犯罪的刑事司法观点纳入自身。因为其概念本身既包括对案主的支持，也包括社会防卫，而且根据社会语境，很容易由对案主的支持转化为社会防卫。福利不能因刑事司法而失去平等的性质和独立性。

When the welfare comes to bear the support for rehabilitation of those who became suspension of indictment and a suspended sentence, it tends to ask criminal justice for the supervisor role. But as long as the welfare requires the consent of the client himself/herself as a premise, it is restricted naturally that criminal justice intervenes to welfare and the welfare must be prudent also in taking the viewpoint of criminal justice of re-offending prevention into oneself. Because its concept includes both support for a client and social defense in itself and may convert into social defense easily from support for a client according to social context. The welfare must not lose equal nature and independency to criminal justice.