陸海空軍懲罰法新制簡介與展望

Amendment of Armed Forces Disciplinary Punishment Act: Overview and Its Future

「陸海空軍懲罰法」制定於1930年，係國民政府北伐統一後為整合陸軍與海軍原有之懲罰規定而制定，該法迄今歷經6次修正，但隨著民主法治的發展、人權保障意識的提升，以及軍事文化與組織的變遷，原有條文在體系架構、懲罰種類、程序保障與權益救濟等面向，均已難以符合當前法治現況或軍事管理實需。國防部自2020年起邀集專家學者成立修法小組進行研討，於2022年完成「陸海空軍懲罰法」草案，同時為建構完整的軍人救濟機制，另行研擬「軍人權益事件處理法」草案。兩部法案於2024年7月15日經立法院三讀通過，並於2025年8月6日正式施行。本文針對「陸海空軍懲罰法」於概述修正背景後，針對修法重點進行介紹。
懲罰係軍事長官統御部隊之重要權力，屬於軍事行政法學之範疇，新修正之「陸海空軍懲罰法」不但大幅擴張法條之規模，與舊法相比較更有體系化針對軍人懲罰事項進行規範，並已試圖處理過去軍人法規範不明確之處與實務所發生問題。未來如何繼續發展軍事法學、建構完善之國防法制，甚至拓展與國際法接軌之武裝衝突領域，仍然為國軍之重要議題。

The Armed Forces Disciplinary Punishment Act was enacted in 1930. After the Northern Expedition concluded successfully and the country was reunited, the Nationalist Government consolidated the existing penalty regulations for the Army and Navy. The Act has undergone six revisions since enactment. Over the development of democratic rule of law, awareness of human rights protection, and the military culture and organization, the original provisions are no longer consistent with current reality and the needs of military management in terms of legal system, types of penalties, due process, and remedies. The Ministry of National Defense convened a law amendment committee in 2020, which drafted the Armed Forces Disciplinary Punishment Act in 2022. Simultaneously, the Servicemember Relief Act Draft was finalized to establish a comprehensive remedy mechanism for the military. Both bills were passed on July 15, 2024, and officially took effect on August 6, 2025. This article outlines the background to the revision of the Armed Forces Disciplinary Punishment Act and then introduces the key points of the amendment.
Punishment is a crucial power vested in military commanders in the aspect of commanding troops. Linked with military discipline, punishment is often discussed under the purview of military administrative law. Compared to the previous version, the amendment not only significantly expands the number of its provisions but also provides a more systematic code for regulating military disciplinary matters. It also addresses the ambiguities and practical issues that arose from the previous version. In the future, to keep developing military law, constructing a comprehensive national defense legal system, and even its connection with the law of armed conflict in international law, remain core issues for the military.