德國軍事勤務法院之介紹及其啟發

An Introduction to the German Military Courts and its Enlightenment

有關軍事審判法修訂，使得軍人之審判歷經重大變革。且隨著2024年修訂陸海空軍懲罰法及新增訂「軍人權益事件處理法」，讓軍人之服公職及訴訟權或有更加具體之保障。法律之制定並非閉門造車即可輕易獲得妥適之內容，若有值得參考之國外法制，對該法制之研究分析可使上述兩法益臻完善。德國在此軍人違紀行為方面訂有防衛紀律條例，並設有專責審理軍人違紀行為之軍事勤務法院以及建構名譽法官機制。本文先介紹該條例之一般處理規定，分析其運作適用原則，其中主要有速審原則、一事不二罰等。其次介紹軍事勤務法院之建構及組成配置，並說明其建構內容、管轄權、首席團制、名譽法官選任制度等內容。以此嘗試闡述其軍事審判方面著重軍事利益的職務違紀行為之審理建構，希冀從中獲得對我國軍事審判相關的參考，作為促進我國陸海空軍懲罰法以及軍人權益事件處理法之研究與討論，甚至對將來陸海空軍刑法及其審判之啟發。

Relevant revisions to the Military Trial Law have caused major changes in military trials. And with last year's revision of the Armed Forces Disciplinary Punishment Act and a new law on the Servicemember Relief Act, military personnel may have more specific protections for their public duties and litigation rights. The formulation of laws cannot be done behind closed doors to easily obtain appropriate content. If there are foreign legal systems worthy of reference, the research and analysis of this legal system can make the above two laws more perfect. Germany has defense discipline regulations regarding military disciplinary violations, and has a defense duty court, a military duty tribunal, and an honorary judge mechanism that are dedicated to hearing disciplinary violations by military personnel. This article first introduces the general handling provisions of the Ordinance and analyzes the applicable principles for its operation. The main ones include the principle of speedy trial and equal punishment. Secondly, the structure and composition of the defense duty tribunal are introduced. It also explains its construction content, jurisdiction, chief group system, honorary judge selection and appointment system, etc. with this.
This article attempts to elaborate on the construction of military trials for disciplinary violations that focus on military interests, hoping to obtain relevant references for our military trials, so as to promote the research and discussion of the Armed Forces Disciplinary Punishment Act and the Servicemember Relief Act, and even for the future inspiration from the Criminal Code of the Armed Forces and its trials.