The Research of Domestic Military Punish System

• Main Authors: Chiu-wei Wang, 汪哲緯
• Other Authors: Chien-hung Liu
• Format: Others
• Language: zh-TW
• Published: 2015
• Online Access: http://ndltd.ncl.edu.tw/handle/8chsfw

碩士 === 國立中正大學 === 法律系研究所 === 104 === There are few cases for revoking military punishment by administrative law, similar punishment which been revoked by Domestic Military Committee are even more. It is an important issue to implement appropriate process currently. After the death of Hung Chung-chiu, the regulation of military punishment are being followed very closely at the first time. With all attention by our society, those problem of punish regulations, which had actually existing for so long, are being aware by public eventually. The law of armed force had been third reading approved by government on April 21, 2015; and will goes practice since May 8, 2015. The adjustment are to subjoin the regulations, increase the advance process, and to make the way of relief more complete. However, if the adjusted law could really realize our purpose effectively: to reach the balance for military management and the right of military man, we will discuss it with the topic ”The Research of Domestic Military Punish System”. The Research start with the introduction of domestic military punish system nowadays; Second, we goes on discuss the Principle of Reservation by the Judges, specially focus on the classification of punishment which been bind with the principles; Third, we will discuss if the Process of Habeas Corpus Act could be well practicing since July 8, 2014, which the Habeas Corpus Act been first time practice. Next, to see the appropriate administrative process, and to compare the differences of the law before adjustment, then to verify the principle would been practice appropriately from now. Moreover, we will review all defect for previous punish cases, find out the reasons and the conflicts when practicing the punishment. At the last, we will make a brief advice and opinion after all discussion, to propose some feasible advice to fulfill the deficiency, expecting to help the punish system be practice well effectively and appropriately.