我國現行兵役法制度之探討

我國依憲法規定，人民有依法律服兵役之義務，而目前各國因國情現況之不同，其兵役制度亦因需求而有所不同。各國之兵役制度相對有其特點與利弊，如何有效制訂兵役制度使國家能確保有效之戰力是一項複雜且必須考量周延的工作。自107年起我國兵役制度，雖仍採「募徵併行」制，但82年次(含)以前出生役男服1年常備兵現役人員於(107)年12月26日全數退伍，同時83年次以後出生役男依法改服4個月常備兵役軍事訓練。而近期因台海情勢緊張，國防部正評估是否將軍事訓練役的役期恢復為一年或更長以滿足國防戰力之需要。本篇研究希望透過比較新加坡、以色列、日本、韓國、美國等國之兵制特點，分析其組織系統及軍隊任務，找出適宜我國的兵役之模式，孫子兵法有云:「毋恃敵之不來，恃毋有以待之」，做好完全的整備才能防範於未然並能有效達到「止戈為武」的概念，於此顯見軍隊的重要性。　　「軍隊是維持國家發展的基礎，而兵役制度的完整性，取決了軍隊的素質，更有可能影響到國家的命運，可以說是立國的根本」。故兵役制度所產生的影響力，不容小覷，而我國在持續面臨兩岸情勢緊張與共軍持續以武力威脅之狀況下要如何有效確保戰力，因此兵役制度關係到建軍發展之趨勢，同時決定國家戰力如何永續發展亦為本研究討論的方向。

關鍵字

兵役制度；組織系統；募徵併行；軍隊任務

並列摘要

In our country, according to the Constitution, the people have the obligation to perform military service in accordance with the law. At present, due to the different national conditions, the military service system of each country also varies according to the needs. Each country's military service system has its own characteristics, advantages and disadvantages. How to effectively formulate a military service system so that the country can ensure effective combat power is a complex and must be considered. Since 107, my country's military service system has still adopted the "recruitment and parallel" system, but all the active service members of the standing army who were born before the 1982 time (inclusive) and served one year were discharged from the army on December 26, (107), and at the same time 83 Conscripts born after the second year of the year are legally required to serve 4 months of regular military service and military training. Recently, due to the tense situation in the Taiwan Strait, the Ministry of National Defense is evaluating whether to restore the period of military training service to one year or longer to meet the needs of national defense capabilities. This research hopes to compare the characteristics of the military systems of Singapore, Israel, Japan, South Korea, the United States and other countries, analyze their organizational systems and military tasks, and find a suitable model of military service in our country. Don’t wait for it.” Only by making complete preparations can we prevent it from happening in the first place and effectively achieve the concept of “stop fighting and fighting”, which clearly shows the importance of the army. "The army is the foundation for maintaining a country's development, and the integrity of the military service system depends on the quality of the army, and is more likely to affect the fate of the country. It can be said to be the foundation of the country." Therefore, the influence of the military service system cannot be underestimated, and how can our country effectively ensure its combat power under the situation of continuous tension between the two sides of the Taiwan Strait and the continuous threat of force by the communist army. Therefore, the military service system is related to the development of the army. Determining how the country's combat power can develop sustainably is also the direction of this study.