戒嚴時代的軍人「限婚令」初探

1949年國民政府遷台，帶來高達約60萬的男性軍人，絕大多數單身或未攜眷。從《陳誠先生回憶錄──建設台灣（下）》可見，當時政府在維持戰力、減輕財政負擔與防範奸宄的三方面考量下，制定了《戡亂時期陸海空軍軍人婚姻條例》。該條例第3條規定「軍人訂婚及結婚應於一個月前繕具婚姻報告，呈請所隸長官核准或轉呈核准後行之」，與第8條規定「陸海空軍士兵除第二條規定者外，現役在營期間不准結婚。」亦即俗稱的軍人「限婚令」。造成軍人未報准而私婚、逃兵，甚至各軍種因禁婚的鬆嚴不一而屢生爭議。後來政府雖逐年放寬軍人結婚年齡，也修改兵役法，將外省籍軍士一律升為「士官」，但當初來台的外省軍人年紀已大，結婚不易下往往買殘障女子為妻再生殘障子女、共妻、私婚所生子女未能領眷補等，引發諸多社會問題。另外現役軍人需報准才婚姻生效的軍人婚姻條例，連在台徵調定期退伍的義務役軍人也須報准才結婚，造成解嚴後很多中老年男子以服役期間結婚未報准而主張婚姻無效，在離婚官司中未打先贏。戒嚴時代「限婚令」對人權的斲喪，可謂血淚交織。本文將試著按時間先後簡單介紹，願有拋磚引玉之效。

"In 1949, the National Government moved to Taiwan, bringing up to 600,000 male soldiers, most of whom were single or not. It can be seen in the 'Memoirs of Mr. Chen Cheng--Building Taiwan (below)' that the government formulated the 'Regulations on the Marriage of the Army, Air, and Air Forces during the Troubled Times' under the consideration of maintaining the combat power, reducing the financial burden, and preventing the traitors. Article 3 of the Ordinance stipulates that 'military engagement and marriage shall be carried out in a marriage report one month before the approval of the officer of the petition or the approval of the transfer,' and Article 8 provides that 'the land, sea and air force soldiers exception in the provisions of Article 2 In addition, active duty is not allowed to marry during the camp.' This is also known as 'marriage restriction'. The military has not been reported to be private and deserted, and even the various services have been controversial because of the inconsistency of the ban. Later, although the government freed the military marriage age year by year, it also revised the military service law and upgraded the provincial sergeants to 'scholars'. However, the foreign soldiers who came to Taiwan were too old to get married, and it is not easy to buy a disabled woman to rehabilitate disabled children and wives. The children born in private marriages failed to receive compensation, which caused many social problems.In addition, active military personnel are required to report to the military marriage regulations that are effective only after the marriage is in force. Even the compulsory military personnel who is regularly demobilized in Taiwan must be reported to be married, and many middle-aged and elderly men who claim to be married during the service period are not allowed to marry and claim that the marriage is invalid,even not winning first in the divorce lawsuit. The 'limitation of marriage legislation' in the era of martial law is a sorrow of human rights. This article tries to introduce it briefly in time, and I hope that there will be a result of throwing bricks and jade."