A Study of the Martial Law Regime in the Republic of China- A Reexamination of the Taiwan Experience (1947-1987)

• Main Authors: Chin, Yun-Hwa, 秦昱華
• Other Authors: Lin, Kuo-Hsien
• Format: Others
• Language: zh-TW
• Published: 2015
• Online Access: http://ndltd.ncl.edu.tw/handle/5786dy

博士 === 中國文化大學 === 中山與中國大陸研究所博士班 === 104 === Although martial law has been suspended for almost three decades, it may be implemented again in emergency conditions in the future. Regarding the problems of its implementation, it is the mission of our generation to reexamine and understand its limitations based on the facts that ROC is a rule of law state and the substantial changes in the subjective and objective situations, hoping it to be closer to the spirit of constitutional rule. Summarizing the discussions in this dissertation, it is known that when the “constitution” malfunctions and the government fails in situations harmful to the survival of the nation, such as during the wartime or uncontrollable incident, it might be necessary to rule by military force in the aspects of defense, administration, and jurisdiction, to form a special governing body in accordance with the martial law in order to settle the conflicts and suppress the turmoil promptly. Implementing the martial law, it implies upholding the social order through military rule to catalyze the operation of democracy and constitutional rule in order to restore the normal operation of the constitution. In theory, it seems to possible. In practice, it is rather difficult to guarantee that the emergency measures that are implemented during the emergencies may last unconditionally. Reexamining Taiwan’s experience of the implementation of the martial law, the martial law administration that was operated for 38 years in accordance with the “Temporary Provisions Effective During the Period of National Mobilization for Suppression of the Communist Rebellion,” “National General Mobilization Law,” and “Martial Law” with the goal to enable the “ROC Constitution” to become the basic principle of restoring the “fundamental law of the nation” and “the center of social consensus” faced significant challenges. This dissertation reexamines related issues from the perspectives mentioned above.