我國軍人申訴制度之研究

• Main Authors: frank JYR, 職念一
• Other Authors: 朱春生
• Format: Others
• Language: zh-TW
• Published: 2004
• Online Access: http://ndltd.ncl.edu.tw/handle/11218472002264002091

碩士 === 佛光人文社會學院 === 管理學研究所 === 92 === The theory of Das besondere Gewaltverhaltnis (special power relationship) pinned down the unequal status of civil service workers, students, and servicemen to the country or school so that the guests are unable to look for proper remedy in the event of unfair penalty or damage to their benefits. The impact from the ideological trend of constitutional government after WWII exerted challenge and resulted modification on Das besondere Gewaltverhaltnis. The modification of the Das besondere Gewaltverhaltnis theory had an impact on Taiwan. Some scholars referred it as “special legal relationship”. After the special power relationship that regulated civil service workers was interpreted on a less restricted manner in the grand justice meeting of the Judiciary Yuan, the protection for the role of civil service workers and appeal for remedy of rights were able to be detached from the existing regulation of special power relationship. Interpretation Shih-Tze#455 referred to servicemen as one type of civil service workers. “Servicemen Appeal System of Taiwan” is an internal administrative remedy formulated for restrictions set up servicemen due to special power relationship; its purpose is to protect the legal rights of servicemen. In questionnaire survey on servicemen appeal system conducted by researchers upon the commission of Ministry of Defense, the results indicated that the appeal system won little trust from servicemen. Given lack of trust on the appeal system by servicemen, the executive and legal aspects of the system call for improvements. In this vein, this study investigated the execution situation and related laws and regulations on the appeal system for servicemen based on the theory of administrative remedy, as well as the appeal system for civil service workers, teachers, and students. The following suggestions are made to the existing servicemen appeal system based on the research results: 1. Specify the appeal level for different appeal matters based on the principle of appeal after deletion. 2. The resolution deadline for appeal shall be modified for different appeal matters. 3. Specify the appeal resolution that would affect the working rights of servicemen as the precedent procedure for administrative claim. 4. Amend related regulations for justified legal procedures. 5. Specify the restrained subjects in the resolution and determine the effect; punish those who violate the resolution. 6. Segment remedy approaches for appeal and complaint. 7. Legislate servicemen appeal laws 8. Establish appeal ruling committee in the force 9. Formulate precedent mediation mechanism and forbiddance on unfavorable change. 10. Differentiate between peacetime and wartime Keywords: servicemen appeal system, special power relationship