The study of the Protection on the Rights of the R.O.C. Military servicemen－based upon Military Personnel Rights Committee.

• Main Authors: WANG CHAO WEN, 王招文
• Other Authors: Chi Lee
• Format: Others
• Language: zh-TW
• Published: 2009
• Online Access: http://ndltd.ncl.edu.tw/handle/12482026292909638504

碩士 === 國防大學國防管理學院 === 法律研究所 === 97 === The army is cornerstone for national security and maintenance national interest to the force of organized, therefore, establishment the modernization, democratization, government by law and user-friendly army, not only for the modern that national defense of important idea, also is the request inevitably under the principle of democracy and the constitutional government principle. But the serviceman is army's soul, the former the serviceman's role and status, its is special a generation of significance when the theory of exceptional powers relations (besonderes Gewaltverhältnis). However, the armed forces the human rights safeguard receives gradually takes seriously for based on the modern democratic ideological trend and the constitutional government principle, the “serviceman to wear the military uniform citizen” is that idea of army democratization, regarding safeguards the serviceman rights and interests and the maintenance army order, should have the whole, but complete law standard. The Goal is causes the army democratization and the military leader of the legalization serviceman rights and interests system of safeguards, causes the serviceman besides the obedience formally, can abide by the democracy and the government by law idea heartfeltly. At present only has the land, the 22nd of sea and air armed forces to punish law “mentions the petition to punish the human to remove from office the punishment, like has refuses to accept, or the administrative proceedings legally; To other penalty punishment, if has refuses to accept, appeals to the higher authority. ”Rights and interests of safeguard article stipulation. Is by, this article tries take “our country serviceman rights and interests system of safeguards” as the research subject, the discussion presently marches the rights and interests system of safeguards and the improvement direction, the time can display offers a few ordinary introductory remarks so that others may offer their valuable ideas the function, causes more researchers to invest of research area the serviceman rights and interests safeguard legal system, promotes our country serviceman right system of safeguards.