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    Please use this identifier to cite or link to this item: http://tkuir.lib.tku.edu.tw:8080/dspace/handle/987654321/33935

    Title: 我國國軍官兵權益保障委員會功能評估之研究
    Other Titles: The research on functions estimate of the legal rights protection commission of ROC military forces
    Authors: 陳瑞榮;Chen, Juei-jung
    Contributors: 淡江大學公共行政學系公共政策碩士在職專班
    黃一峰;Huang, Irving Yi-feng
    Keywords: 特別權力關係;一般權力關係;人權;國民權;Besonderes Gewaltverhaltnis;Allgemeines Gewaltverhaltnis;Human Right;Civic Right
    Date: 2007
    Issue Date: 2010-01-11 04:41:49 (UTC+8)
    Abstract: 德國著名的軍事理論學者包狄辛將軍,曾提出著名之理論,認為軍人乃「穿著軍服之公民」(Staatsburger im Uniform),此一用語將軍人從「軍人以服從為天職」的桎梏中解放出來,也成為現今學界之共識(陳新民,2000)。同時「軍人權益」隨著人權概念的普及,和世界人權宣言最重要的理念「人人生而自由;在尊嚴及權利上一律平等。人人有資格享受本宣言所載的一切權利和自由,不分種族、膚色、性別、語言、宗教、政治或其他見解、國籍或社會出身、財產、出生或其他身分等任何區別(行政院研考會,2002:72-73)。2000年我國經歷首次政黨輪替,陳水扁先生就任總統後不久,即明確地宣示了「人權立國」之理念,此一理念不但揭示了新政府施政的規臬與目標,也顯示我國邁入廿一世紀所追求的政治價值。因此,如何透過基本人權保障的觀念,來重塑軍人的地位,並保障軍人應有的權益,進而提昇國軍的戰力,就成為一個十分重要的課題。


    本研究透過文獻探討法(Literature Review)及問卷調查法(Questionnaire Method),針對單位功能與角色評估、個人角色與功能評估及角色認知的相關文獻做深入探究,瞭解單位功能與角色評估、個人角色與功能評估及角色認知的關係,進一步進行初探性的調察研究。以年齡、性別、基礎學資、軍種、階級、職務屬性、教育程度、單位屬性為自變項,單位功能與角色評估、對個人角色與功能的評估等構面為依變項,探討國軍人口變項在角色認知變項上,對國軍官兵權益保障委員會之單位功能與角色評估及個人角色與功能評估之關聯性。

    The famous German general and military researcher Wolf Graf von Baudissin developed the concept of "Staatsbürger in Uniform" (citizens in uniform). This concept has freed the military personnel from the shackles of the idea of “obeying order is the vocation for all military personnel”. And now it has become a common consensus in the academia. In the meantime, “the rights of military personnel” has been popularized along with the popularization of the notion of human rights and the important concepts of The Universal Declaration of Human Rights - “All human beings are born free and equal in dignity and rights....” “Everyone is entitled to all the rights and freedoms set forth in this Declaration, without distinction of any kind, such as race, color, sex, language, religion, political or other opinion, national or social origin, property, birth or other status.” Moreover, after the first rotation of political parties in 2000, President Chen Shui Bian declared human rights as one of the pillars of our country soon after his inauguration. This declaration has not only set up a criterion and goal for the administrations, but also revealed the political goal that our country is going to pursue in the 21st century. Therefore, how to rebuild military personnel’ status and maintain their rights through putting the concept of basic human rights into practice, and then raise the military’s combat efficiency have become a very important task.

    “The Military Complaint System,” which was instituted in March, 1961, states that “the military personnel complaint system is aimed to establish a communication channel to assert military personnel’s (including contract-based employees’) legal rights.” from the very beginning. However, a survey which was conducted by Professor Shin-Min Chen, a researcher in the Academia Sinica, authorizing by the Ministry of National Defense, researching the effectiveness of the military complaint system, indicated that only 31.7% of the interviewees believed that this system could truly ensure military personnel’s human rights. In fact, only 38.5 % of them had used this system. Moreover, they didn’t have full confidence in this system. 30% of them believed that complaining could only lead them into troubles. And their opinions about the system have affected its stability.

    After conducing surveys and reviewing the literature on evaluating the function and role of a department, the role and function of military personnel, and personnel’s belief and understanding, this study used age, gender, entrance qualification, branches of military, military ranks, types of duties, education background and types of serving departments as independent variables, and the function and role of the serving departments, the function and role of the personnel as dependent variables to investigate under the variables of department function and personnel’s belief, what is the relation between the function of the Military Personnel Rights Committee and the role of the personnel.

    This study suggests that:
    1.Legislate “Military Personnel Act,” explicitly state the standard for protecting soldiers’ rights.
    In the National Defence Act, Article 18, “The rights and benefits for active servicemen, their dependents, and reserves shall be protected by law.” ; Article 19, “The rights of servicemen shall be legally protected when infringed by unlawful or unjust treatments.” Just as how the Civil Service Protection Act has been amended, the Civil Service Protection and Training Commission was established to ensure civil service personnel’s rights, the legislation of Military Personnel Act should refer to the Civil Service Protection Act in order to be able to ensure military personnel’s rights and inspire and boost their morale.

    2.Revise National Defence Act to ascertain each unit or department’s role and function.
    When the Legislative Yuan reviewed the National Defence Act and the 20th Article of Organization Act of the Ministry of National Defense, “The Ministry of National Defense, when deeming it necessary, may establish various committees. The amount of employees in such committees shall be fulfilled in accordance with this Act.” the Military Personnel Rights Committee was established, using “two-level, two-instance” system, However, except secondary committees (The Ministry of National Defense), all the primary committees were formed by the supervisory units. They were not only in charged of case investigating, but also responsible for protecting military personnel. This kind of dual positions can easily cause doubt among military personnel. Therefore, we should reorganize these committees, establishing permanent committees, specializing in the practice of this Act, to ensure that military personnel’s rights can be really protected by it.
    Appears in Collections:[公共行政學系暨研究所] 學位論文

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