| Summary: | 碩士 === 國立中興大學 === 國家政策與公共事務研究所 === 104 === Alternative service is a kind of military service, draftees from basic training to duty service distribution unit that day, which must comply with the duty service regulations, individual freedom draftees therefore subject to some degree of restriction, which in the past in order to achieve effective administrative management purposes, the construction management practices and systems, but also narrow down the scope of protection of the fundamental rights of draftees during service.
In this study, secondary data analysis through in-depth interviews and research methods, from the legal rights and obligations investigate the status of general management and alternative service duty service problems, and puts forward the countermeasures and policy recommendations. .
This study found that within the current structure of substitute service, the relationships between the draftees and the executive departments or agencies should be classified as the special authority relationships for that the service management regulations completely match the five characteristics of special authority relationships, which could make the fundamental rights of draftees in terms of working, lives, vacations, rewards and punishments, and legal remedies be significantly violated. Regarding to this, this study suggests the following advices:
1.The advices on adjustment of the special authority relationships existing in the substitute service system：
a.All the service management regulations involved in the fundamental rights of draftees should meet the requirements of principle of legal reservation, and the administrative litigation rights should be reserved for draftees.
b.The competent authority should initiate the reforms.
2.The advices on repair of service management problems：
a.To elaborate the law of the regulation for draftees.
b.To ensure each of the management regulations authorized by laws.
c.To make the regulations for draftees clear and detailed.
d.To reduce special rules for draftee management.
e.The draftees should have the legal litigation right when being punished to receive the counseling education .
f.To establish the investigation panel for processing complaints from draftees.
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