頁籤選單縮合
題 名 | 軍職轉任文職政策建制、發展及其未來改進方向=Policy Building, Developments and Future Improvements in Military Transfers to Civil Services |
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作 者 | 李震洲; | 書刊名 | 國家菁英 |
卷 期 | 11:1=41 2015.03[民104.03] |
頁 次 | 頁103-130 |
專 輯 | 國家考試與軍職轉任文職政策檢討評估 |
分類號 | 573.44 |
關鍵詞 | 軍人; 現役軍人; 退伍軍人; 限制轉調; 加分優待; 募兵制; Military personnel; Servicemen; Veterans; Transfer restrictions; Bonus points; Mercenary system; |
語 文 | 中文(Chinese) |
中文摘要 | 在軍人效忠國家前提下,文人和軍人之間應該維持一定區隔,政局才能穩定;換言之,軍文分治應是民主國家必須堅守普世價值之一。我國在近代歷史之發展過程中,軍人一度在政治及軍事上甚為強勢,導致國家非常重視軍人權益及其退伍後之復員安置工作;此從相關軍人退伍後安置及優待法制完備,可以窺知一、二。中央政府1949年播遷臺灣以後,先後辦理之國防行政及技術人員特考、退除役軍人轉任公務人員特考、上校以上軍官轉任公務人員檢覈(考試);但是隨著政治民主化之開展,社會上不同團體出現各自爭取其權益,過去朝軍人傾斜之各種優惠法制政策受到外界不斷挑戰。王作榮先生在1990年擔任考選部部長,兩年之後端出公務人員考試法修正案,強調公開競爭考試原則、強化考試彈性、特考特用限制轉調等改革,其中擬取消軍職轉任文職相關考試之辦理,引發國防部、退輔會及部分軍系立委強烈反對,遂無法在立法院完成二、三讀程序;最後朝野協商時各方均有所退讓妥協,遂仍維持軍轉文相關制度,但大幅限縮軍轉文考試優待幅度與轉調機關範圍,始能完成立法程序。自此,過去大量退伍軍人退伍後轉任文職機關現象不再出現,相對增加了青年朋友服公職的機會。 自2005年起政府擴大推動全募兵制度,並以2014年底為期欲達成目標,但因誘因不足,此項目標現已展延至2016年底,顯見全募兵制成敗正面臨嚴苛挑戰。國防部為此研擬推動募兵制暫行條例草案,以期以特別法排除普通法方式,儘快讓募兵制全面實施上路。從考試權角度來看,對於募兵制推動應屬樂見其成,但是對於憲定職掌法律被特別法律排除適用之處理程序則不以為然;在考試制度上配合募兵制實施酌為鬆綁的大方向也可以支持,但是公務職位有其競爭性與稀少性,過度鬆綁又會回復過去政府機關中退伍軍人轉任充斥情形,因而影響到青年人之就業機會,其間分際該如何拿捏,有賴社會各界集思廣益才能找到多數可以接受的均衡點。 |
英文摘要 | Under the precondition that the armed forces must be loyal to its country, a certain division between civil and military services must be maintained to ensure political stability. In other words, separation of civil and military services must be one of the universal values that a democracy needs to adamantly defend. As a result of the modern history of the Republic of China, the army has long held a strong position both politically and militarily. It is thus that the government places great emphasis on the rights of military personnel and their placement after demobilization. This is evident in the elaborate legislations that exist on demobilization placements as well as veteran benefits. Since the central government’s retreat on to Taiwan in 1949, various specific examinations, including the Special Examinations for National Defense and Technical Personnel, Special Civil Service Transfer Examination for Veterans, and Special Civil Service Transfer Examination for Colonels and Above, were created. However, with the continuing political democratization, numerous interest groups have emerged, contesting their respective rights, and the bias towards the military and its many beneficiary policies have been greatly disputed by the public. In 1990, Mr. Wang Zuo-Rong took office as the Minister of Examination. Two years later, he presented the Civil Service Examination Amendment Act, stressing fair and open competition, greater flexibility in examinations and transfer limitations on qualifiers of special examinations. Also in his proposal was the demolition of military to civil service transfer examinations. This was met with strong opposition from the Ministry of National Defense, the Veterans Affairs Council and some legislators allied with the army. As a result, the Act did not pass the second and third readings. Finally, both the government and opposition parties made some concessions and came to the compromise of keeping the military to civil service transfer system, while significantly reducing relevant benefits and scope of transfer, so that the legislation process could be completed. Since then, we no longer see large numbers of veterans swamping civil service positions, which in turn frees up civil service employment opportunities for younger generations. The government has been promoting the shift towards a mercenary system since 2005. Completion of the switchover was planned for the end of 2014; however, due to a lack of incentives, this deadline has now been moved to the end of 2016. Whether or not the mercenary system will succeed is evidently under harsh scrutiny. The Ministry of National Defense therefore created the Draft Provisional Regulations for the Promotion of Mercenary Force, hoping to bypass common law by means of lex specialis, pushing for the mercenary system to come into full function as soon as possible. In terms of examination rights, the Ministry of Examination rather welcomes the mercenary system. However, it is less approving of its constitutional authority being overridden by special law, thus suppressing appropriate procedures. It could support the general direction of loosening up regulations to adapt to the mercenary system, but there is a certain rarity and competitiveness around civil service positions, relaxing the regulations too much would result in a return to the past situation of veteran taking up too many civil service positions, and in turn damage employment opportunities for young people. Therefore, all sides of society must now come together and pool their resources to find a balancing point in this matter. |
本系統中英文摘要資訊取自各篇刊載內容。