The so-called " dismissal " refers to the removal of military officers or noncommissioned officers who have been given positions by the state if they are found to be dereliction of duty or illegal, and order to remove them from their positions. This is a kind of personnel punishment that deprives active military personnel of their right to work and identity. In the protection of rights and interests, it also involves the existence of their status, reimbursement, military insurance and retirement benefits, and reinstatement of the right to work. From the perspective of Rule by Law, this article observes the current practical operation of the current removal law. Through our analysis, we found that the dismissal is still controversial in terms of remedy scheme, procedure (the preparation period lacks reasonableness), and the physical aspect (ignoring the seriousness of the circumstances, violating the principle of proportionality). This article proposes that in the future, the level of dismissal on law and its effects should be improved from a clear perspective, and the legal system of the military field should be comprehensively established, and a human rights environment that takes commander in chief into account should be established to meet the requirements of ruling the army by law for perfection.