摘要
民國八十九年一月五日立法院第四屆第二會期立法三讀通過之「國防法」與「國防部組織法」（通稱為「國防二法」）乃是國軍脫離七十年國民黨黨軍統治後，國防部與各級部隊所面臨最大之變革。在「國防二法」中，軍隊國家化、軍政軍令一元化、文人領軍、部隊職能有效分工、國防體制扁平化、國防文官以及配合政府整體再造等原則都獲得確立。對於我國軍政領導者而言，國防二法之通過還象徵著新的軍事事務革命，以期在新世紀中能有效面對中共解放軍的嚴峻考驗。 因此，國防部將依據「國防二法」的精神對軍隊體制加以有效管理，這種變革自然也反映了先進國家常見之民主改革與變遷。本文旨在評估與討論國防二法之相關之議題，並希望能在這個關乎我國最大國防體制變革上激起拋磚引玉之效。
並列摘要
Signed into law by the 2(superscript nd) Session, 4(superscript th) Conference of the Legislative Yuan on January 5, 2000, the National Defense Law and the Organic Law of the Ministry of National Defense (normally called as Two Laws of National Defense) have significantly changed the structure of the Ministry of National Defense and the operation of armed forces in the wake of Kuomintang's control of the military of more than 70 years. New Two Laws establish principles of nationalizing Taiwan's military, unifying military policy and command system, placing the military under civil leadership, developing the effectiveness of differentiated specialties, setting up flattened national defense organizations, establishing civil defense systems, and cooperating with the overall government structure reengineering. For Taiwan's political and military leaders, these modifications and the follow-up organizational adjustment are expected as a major part of ”Revolution of Military Affairs” to improve efficiencies of military management and command without reducing combat capabilities against China's People's Liberation Army. As such, the Two Laws are designed to set forth clear policy goals and establish an institutional framework to meet requirements for a modern military of the new century. Basically, this new framework has allowed Taiwan's military, like western armed forces to respond the democratic trends of the military configuration. This paper is mainly armed to assess the Two National after their being into effect for more than nine months. More observation will focus on relevant issues.