- 期刊
全民役：無分性別的軍事與公務義務徵集制度
On Universal Citizen Service: A De-Gendered Military and Civil Service Conscription
摘要
國民有依憲法服兵役之義務，兵役制度為國防重要之人力基礎，也是鍛造全民國防概念與愛國心之重要工具。惟《兵役法》規定僅男性應服役，當前常備役軍事訓練與一般替代役役期為四個月。本文採規範型政治理論途徑，首先透過民主政治倫理論證公民服兵役的內在與外在價值，並以結構不正義概念挑戰基於生理性別所為兵役差別待遇之合理性。本文倡議建立無分性別的「全民役」（Universal Citizen Service），男女公民皆負服兵役之義務，依能力、意願與國家需要選擇軍事或公務役別。此制度有助於確保國防能量、補充社會照顧或其他公共服務人力，培養公民在政治生活中所必須的團結感、榮譽感與共和認同，對防禦政治作戰、清楚敵我辨識、鞏固臺灣之自由民主與憲法秩序至為重要。
並列摘要
According to the Constitution, nationals have the obligation of military service. The military service system is an essential foundation of human recourses and the tool forging the concept of all-out national defense and patriotic sentiments necessary for national defense. However, the Act of Military Service System regulates that only male citizens have such obligations. The current system requires a four-month military training or substitute service. Through a normative political theory approach, this article aims to defend the conscription system by arguing for its internal and external values through democratic ethics and challenging the male-based discriminatory treatment in the current law. Based on these arguments, the article proposes a de-gendered universal citizen service program, in which all male and female citizens are obligated to participate regardless of their sexual and gender identifications. Citizens could choose to serve in military or civil service units according to their capabilities and wills and the state's actual military and civil service needs. This program could help with Taiwan's self-defense and offer a valuable workforce for social care, which is particularly needed for the aging society and other civil service sectors. In addition, the program could cultivate citizens' sense of solidarity, honor, and republic identity in political life, which, in the long run, are vital for fighting against political warfare, differentiating the enemies, and consolidating the liberal democracy and constitutional order in Taiwan.