The Legal Basis, Legitimacy, and Relationship with the Liberal Democratic Constitutional Order of the Military Justice System During the Era of Authoritarian Rule

This study explores the relationship between the military justice system and the liberal democratic constitutional order during the era of authoritarian rule, as well as the legal framework and operation of military trials. The research first examines the formation of the military justice system during the Republican period in China and the establishment of the Military Trial Act in 1956. Subsequently, the study analyzes several key issues regarding the trial of political prisoners and military trials. Finally, through a comparative analysis with the military justice system of post-war South Korea during its authoritarian period, the study identifies the characteristics of Taiwan's military justice system and observes the relationship between the liberal democratic constitutional order and military justice.