從國家安全之風險角度論軍事審判之必要性

The Necessity of Reinsting Military Justice Jurisdiction-From the Perspective of National Security

1999年修正施行之軍事審判法因諸多歷史事件之延伸致遭凍結，此一攸關鞏固軍紀士氣依憑之法律在凍結近4年後，已快速的突顯出國軍在軍事訓練與內部管理及領導統御上的重大瑕疵！而從風險角度檢視此種負面發展，如果不能有效和及時地應對這些挑戰，將會實質性地損害國家原先在生存安全上所付出努力，弱化在傳統領域內的安全保障，並將造成嚴重的不安全後果，實對國家安全處境產生莫大危機。本文以「2016年台灣民意與國家安全」民意調查報告書為論述起點，以國家認同差異所生之影響對軍隊成員之角色認知之干擾為切入點，並以法院審理軍事犯卻因乏軍事事務之背景，所做之判決反致持續斲傷屢遭批判之軍紀，使民眾愈發對軍隊冷漠，已經在需要最大熱情方能投入的軍隊招募裡不斷發酵，加以國防財力成長有限與志願士兵召獲率低，危機已刻不容緩，而此種連動之效應，無不因軍事審判法之功能未展而浮現，面對高風險及多元化的戰爭，臺灣端賴優化軍隊素質與嚴肅軍紀，才能克敵制勝，是以嚴肅軍紀最重要手段之軍事審判法，此際確有恢復之必要性。

The Code of Court Martial Procedure that had been reformed in 1999 was suspended due to some historical incidents. As the Code of Court Martial Procedure has longb een closely bound up with the root of discipline and morale of the armed forces, it has been frozen through 4 years until now. The discipline and morale issue has been raised rapidly amongmili tary training, internal administration and chain of command in the armed forces. When we examined the negative aspect of this development from the viewpoints of risk, it will erode the efforts substantially that we had made for the national security if we couldn't deal with these challenges effectively and timely. Nevertheless, it will weaken the tradition sphere of security assurance as well as cause insecure result. As a matter of fact, it would cause great crisis to the national security. This article would be started on public opinion survey report of 'Taiwan public opinion survey to national security, 2016', and be conducted with the intention of interference to military personnel's identity by the affection of national identity difference as well as the injury of the military administration which was criticized repeatedly causingb y the inappropriate verdicts, because the justice were absence of knowingm ilitary administration when conducting the trial case of military personnel. Under such circumstance, the public has been impassive to the armed forces, and the military personnel staff has to promote the utmost passion of the public for recruitment. However, the limitation of the defense financial growth and low-rate recruitment of the military has cause the crisis of national security imminent. All these factors above have caused gearing effect, and the main reason would be the disability of military justice. Taiwan need high quality armed force with high demanding discipline to the victory when facinge xtremely risky and diversified war. As the matter is urgent, it is necessary to restore the military justice, and the most effective measure to the improvement of military discipline and self-confidence is The Code of Court Martial Procedure.