Study on the Military Punishment System of the Republic of China on Taiwan

• Main Authors: CHEN,HONG-EN, 陳鴻恩
• Other Authors: JOU,YUAN-JEH
• Format: Others
• Language: zh-TW
• Published: 2010
• Online Access: http://ndltd.ncl.edu.tw/handle/58801290378039172946

碩士 === 國防大學管理學院 === 法律學系 === 98 === In the light of human rights protection of Constitution, this study focuses on the Act of Punishment of the Armed Forces and the Enforcement Regulations thereof. It discusses the disputes among the related right's protection, the existence of current act, and the judicial protection of public servant and army personnel. By discussing the related concepts of rights protection in Constitution and the adjustment from regular and special rights theory to special laws relation, this study illustrate the constitutional and legal elements about restriction and punishment against servicemen’s basic rights and discuss servicemen’s legal status, obligation as well as purposes and function of punishment system. Secondly, this study discusses the constitutionality, legality and rightfulness of the provisions of Act of Punishment of the Armed Forces and its Enforcement Regulations. Thirdly, it is to discuss the existing legal issues of punishment system from the viewpoints of theory of separation of rights, rights-related interacion and the issues of legal of enactment of punishment act. Fourthly, this study discusses the administrative and judicial remedial system concerning status of civil servant and military servicemen. The last part of this article is the conclusion and provides some suggestions concerning possible future revisions