軍事審判制度之轉型

The Transformation of the Military Trial System

本文以思考「軍事審判轉型」之議題為核心，就2013年7月間軍事審判法修法演變、現行軍事案件之偵查實況，探討軍事審判轉型應慮及之面向。回顧軍事審判法修法之初，檢察機關短時間內即接收所有軍事偵查案件，其後更視業務運作情形，建立軍事案件專組檢察官制度及軍事機關聯繫平台，積極偵辦各類軍事案件，於檢察人力有限、案件逐年增加之情形下，可謂勇於承擔。
然隨著國家社會之發展，軍事審判制度應與時俱進，尤其時值國際情勢動盪，我國位處重要邊陲地帶，更應具備自我保衛之戰力，而迅速嚴懲、維持軍紀所需之軍事審判制度即應有轉型之思考，以因應發展國力的需求。於思考軍事審判制度是否轉型由軍事檢察機關偵查、軍事法院審理時，恪遵正當法律程序、罪刑相當原則、刑法最後手段性原則以及確保審判獨立與客觀中立，仍為應予嚴守的憲法原則。希冀本文能拋磚引玉，於社會廣泛討論此議題時，嚴正思考，期使我國未來持續增強國力之同時，兼顧軍中人權保障，以達法治國之長遠目標。

This article focuses on the issue of“transformation of military trials”, examining the evolution of the Military Trial Act since its amendment in July 2013, the current state of investigation of military cases, and exploring aspects that should be considered in the transformation of military trials. Looking back at the initial stage of the amendment to the Military Trial Act, the prosecutorial authorities took over all military investigation cases in a short period of time. Subsequently, based on operational needs, we established a special prosecutor unit for military cases and a liaison platform with military authorities to actively investigate various military cases. Given the limited prosecutorial resources and the increasing number of cases year by year, we can be said to have been courageous in taking on the responsibility.
As the nation and society develope, the military trial system should evolve with the times. Particularly amid the current turbulent international situation and our country is at an vital frontier location, we must posses the capability to defend ourselves. The military trial system, which is necessary for the swift and severe punishment of criminals and the maintenance of military discipline, should be transformed to meet the demands of national development. When considering whether to transform the military trial system to one where investigations are conducted by military prosecutors and trials are held by military courts, the principles of due process of law, the principle of proportionate punishment to crimes, the principle of criminal law as a last resort, and ensuring the independence, impartiality, and neutrality of trials remain constitutional principles that must be strictly upheld. It is hoped that this article will stimulate serious reflection on this issue during a broad social discussion, so that while our nation continues to strengthen its national power, we can also ensure the protection of human rights within the military, ultimately achieving the long-term goal of a state governed by the rule of law.