摘要
1950年代,享有治外法权的驻台美军犯罪不受台湾法律管辖,台湾民众受害申诉无门,遂发生五二四事件,迫使台湾当局与美国举行驻台美军地位协定谈判。1965年8月31日,台美双方签订了《在华美军地位协定》,台湾当局有限度地收回驻台美军、美军文职人员及家属的外交豁免权,并以"撤回管辖权之舍弃"的权力,约束驻台美军的犯罪行为。然而,每当美军犯案,台美双方仍因"舍弃管辖权"是否撤回的问题相争不下。直到美军全部撤离台湾,《在华美军地位协定》自然失效。
In the 1950s, the US forces in Taiwan enjoyed the extraterritoriality and were not subject to the jurisdiction of the local law. When they violated the rights of the Taiwan Residents people, the latter had nowhere to appeal, which led to the Liu Tzu-jan Incident, and the Taiwan authorities were forced to negotiate with the US government about the status of US forces in Taiwan. On August 31, 1965, the two sides signed the Status of Forces Agreement with the Republic of China, thereby the Taiwan Government withdrew to a certain degree the diplomatic immunity of the military and civihan personnel of the US forces and their families, and the US forces＇ criminal acts were supposed to be restrained by the ＂revocation of extraterritorial juris- diction＂. However, whenever US soldiers committed offenses in Taiwan, there would be much argument about jurisdiction. The Status of Forces Agreement with the Republic of China did not become invalid until the US forces were completely with- drawn from Taiwan.
出处
《军事历史研究》
2015年第6期91-101,共11页
Military History Research
关键词
台湾《在华美军地位协定》
《中美共同防御条约》
驻台美军外交豁免权
Taiwan
Status of Forces Agreement with the Republic of China
Mutual Defense Treaty between the USA andROC
the US forces in Taiwan
diplomatic immunity
