海峽兩岸戰時戴罪立功法制之研究

Study of Cross-Strait Legal System about Atonement of Military Crimes in Wartime

戰時戴罪立功法制的完善建構，可以提醒每位軍人，戰時犯罪絕對無法逃避戰鬥任務，同時，提供犯罪軍人重啟自新的機會。然而，臺灣目前並沒有戰時戴罪立功的法律制度，本文透過法制比較及歷史經驗的探討，說明此制度對於臺灣現況的重要性，並對於符合軍事需要的本土化戰時戴罪立功法制，提出具體建議。 The establishment of a legal system that allows atonement for military crimes thru active duty service in wartime can remind soldiers that they cannot avoid wartime service, even while incarcerated. At the same time, it provides opportunities for military personal convicted of crimes a chance of redemption. Although the Taiwan military does not currently have a legal system to deal with crimes during wartime, this article illustrates the importance of such a system to the current situation in Taiwan through the comparison of legal systems and historical experience. It also provides constructive suggestions for the creation of armed services' crimes atonement system that conform to military needs.