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Study of Improvement of the Examination for Military Judge / Lee Cheng-chou

In the era of the Nationalist Government in mainland China, the main sources of military judges were the university graduates of law major, and those who were qualified through the senior examination for military judge and the junior examination for interrogator. In order to promote the interchange between the military legal personnel and judicial personnel, statutes were enacted specifically for the purpose of transfer of military legal personnel to service as a judge. That was slightly manifested from the fact that quite a number of the predecessors in the judicial circle had experience of service as military judges during the early years when the government just moved to Taiwan. In October 1954, the Executive Yuan requested the Examination Yuan to conduct a special examination for military legal personnel so as to invite persons of talent. After the Ministry of Examination consulted with the concerned agencies, it considered that it was still eligible to conduct the examination as the military legal personnel, although not under the charge of the Ministry of Civil Service, were civil service workers employed by the military. During the time span from the first examination conducted for military legal personnel in 1955 to the latest one in 2001, 26 examinations had been held for military legal personnel. However, since a military judge is after all a military personnel but not a civil servant as referred to in Article 86 of the ROC Constitution, the Examination Yuan has been for long under the questions and criticism of outward circles with respect to its eligibility to hold such examinations. On January 10, 2003, the Interpretation made by the grand justice of the Judicial Yuan with Ref. No. Shi-tze-555 explicitly proclaimed that a civil servant should refer to a regular civil service worker pursuant to the current civil service laws and regulations, and military personnel should not be included. The Ministry of Examination accordingly amended the regulations for the special examination for military judges and altered the nature of the examination so as to grant the passers of such examinations only the qualification to serve as military judges, but not the qualification for civil service. Consequently, no question in regard to whether a military judge may be transferred to a position of civil service will come into existence. Finally, for reference of the concerned agencies, this study presents several suggestions for improvement of future examinations for military judge.