The Military Dispatch of the Principle of State of Rule of Law－About Disaster Prevention and Protection Act

• Main Authors: LEE PING HUA, 李秉樺
• Other Authors: 周元浙
• Format: Others
• Language: zh-TW
• Published: 2010
• Online Access: http://ndltd.ncl.edu.tw/handle/16426913936540397007

碩士 === 國防大學管理學院 === 法律學系 === 98 === Organized military force for the country, not only the manifestation of national strength, which is also the national survival and development of basic tools. Therefore be limited by the armed forces designed the original meaning of the constitutional system, that is to prevent violations of the foreign force, to safeguard national security as its core purpose. Each country for its troops in the law of regulation, have their differences. On the whole constitution of view, other relevant matters concerning the armed forces, not entirely our detailed specification, may have looked forward to our legislators, legislation, flexible military legal system in our country to be established. Although the preliminary matters to be commissioned by the constitution enacted legislation, but there are other related issues, such as the armed forces the right to use regulations or military law, the legislature to legislation needed to be added. Constitution provides that "the Republic of China national defense to safeguard national security, for the purpose of safeguarding world peace", "National Armed Forces shall be above personal, regional and party affiliations, loyalty to the country, love the people," the first task of our troops - defend the national security, prevent war and safeguard world peace -; and the second tasks - disaster relief, public service, support the implementation of public power and the international humanitarian relief. But because our army did not establish the relevant legal system, causing the use of military participation in disaster relief has been controversial. In this thesis, literature review and analysis using inductive methods, first introduced the military use of relevant principles, followed by an overview of disaster mitigation systems, and discuss our army as the Disaster Prevention and Relief Act in the role and status of, come on related events and case review with the aforementioned instructions of our military involvement in disaster relief after the appropriateness and legality of further military involvement on the existing disaster prevention and rescue operations and disaster mitigation draft amendments to the proposed review and recommendations, and finally make use of our armed forces participation in disaster prevention and rescue proposal amending the law.