The Study on National Defense Law with Constitutionalism

• Main Authors: Lin Liang-YU, 林亮宇
• Other Authors: Chi Chun-Chen
• Format: Others
• Language: zh-TW
• Published: 2002
• Online Access: http://ndltd.ncl.edu.tw/handle/66668723335321324903

碩士 === 淡江大學 === 國際事務與戰略研究所 === 90 === In the last year of 20th century, the Republic of China (ROC) Legislative Yuan eventually passed our first National Defense Law, which concerns how can we bring the grand national power into full play and establishes a complete national security system and defense force as well. The act, the military basic law, has a tremendous influence on clarification of the disordered national defense system and the authoritative disarrangement of some relative organizations. After the constitution was putting into practice in 1947, it commenced with the legislation process, however, it is passed until 50 years later. How could such a critical act like this have been ignored or are there other reasons which cause the legislation postponement? The preceding questions induce me to do this research. The issues which enclose the national defense law are focused on “civilian control”(civilian control over the military), “streamlined of military administration and command” and “making national defense decision more transparent” therefore, how could these relative issues influence the legislating (amendment) process of the new edition of Defense Two Law(including National Defense Law and Organization Law of the Ministry of National Defense ) prompt me to start to dissert. The establishment of national defense legal institution hinges upon whether these issues could be resolved or not. The dissertation consists of some motives as following: (1) why is the national defense law legislated after 50years behind the constitutional implement, (2) how could these relative issues affect the establishment of national defense legal institution, (3) current circumstances of the civil-military relations, (4) current circumstances of the civilian control, (5) could it possibly resolve all questions after the implement of national defense law? (6) why hasn’t the Defense Organization Law been amended in 20 years, (7) why do public often have negative perceptions about national defense affairs? (8) why are public often careless about national defense affairs? The purposes of the dissertation are: (1) how to put “civilian control” into practice and (2) discussion of Defense Two Laws and some relative issues. The dissertation is composed of six chapters as following: Chapter 1: introduction. Chapter 2: the viewpoint of national defense under constitutionalism. Chapter 3: civil-military relations and civilian control under constitutionalism. Chapter 4: the influence of the Constitutionalism exerted on the National Defense Law. Chapter 5: the relations and influence of National Defense Law exerted on the acts. Chapter 6: conclusions.