論平時軍事審判歸屬之轉換與主要配套措施──臺法制度之介紹

Conversion of Peacetime Courts-Martial and Its Main Supporting Measures- Introduction to Taiwan and French Systems

法國第五共和成立以來，軍事法院之建置係以管轄之時的範圍（平時、戰時）與地的範圍（領土內、領土外）為基準，而畫分出平時境內、平時境外與戰時境內、戰時境外四種情形，各自有其專屬管轄之軍事審判機關。負責處理平時軍人犯罪之軍事審判機關，因受到不少與審判公正性或救濟制度有關之批評，在歷經1982年、1999年及2011年三次修法後，遭到全面廢除。自2011年後，法國平時軍人犯罪之審判全由普通法院依刑事訴訟法所定程序處理之。惟因擔心軍事審判專業性原則在軍事審判一般化之後遭到侵蝕，法國立法者設有若干重要配套措施，以確保審判之專業性。相較於我國在2013年廢除平時軍法機關卻未定有任何配套措施之作法，法國法上之規定可作為我國現行規定補強之借鑑。

Since the establishment of the Fifth French Republic, the structure of military courts has been based on the scope of jurisdiction in terms of time (peacetime or wartime) and location (within or outside the national territory). Accordingly, four distinct situations are delineated—peacetime within the territory, peacetime outside the territory, wartime within the territory, and wartime outside the territory—each having its own military judicial body with exclusive jurisdiction.
The military courts responsible for handling offenses committed by service members in peacetime faced considerable criticism, particularly regarding judicial impartiality and the system of remedies. After undergoing three rounds of legislative reform in 1982, 1999, and 2011, these courts were ultimately abolished in their entirety. Since 2011, all cases involving offenses committed by military personnel in peacetime have been adjudicated by ordinary courts in accordance with the procedures set forth in the Code of Criminal Procedure.
Nevertheless, out of concern that the principle of professional specialization in military adjudication might be weakened following the generalization of military trials within the ordinary court system, French lawmakers introduced several important complementary measures to safeguard the professional expertise required for such cases. Compared with Taiwan’s 2013 abolition of peacetime military courts—implemented without any accompanying measures—the French model may serve as a valuable reference for strengthening the current legal framework.