| 摘要: | 軍事工程糾紛之類型，與軍方所興建設施之種類、擔任戰備任務之要求相關。本研究以問卷方式調查各種軍事工程發生之糾紛，主要類型有契約條文、工期計算、工程標單數量、工程品質、設計圖說與施工規範及情事變更等，而最易發生糾紛之工程為中正堂、休閒中心、整地排水、彈藥庫、綠化工程及陣地工程等。 本研究首先研擬軍事工程糾紛處理之步驟，而以工程會調解、仲裁或法院訴訟等方式之利弊，配合律師之角色與擔任之功能，確認糾紛之處理對策。而處理糾紛之重點，在於找出對方之弱點，證據之蒐整、分析，以及臨場表現等。而對於軍方工程人員未來努力方式上面，則應： 1.從相關基本學識、單位組織架構、工作環境及專業化等方面加強個人本職學能。 2.需對於相關工程法規、工地實務、工地管理及工程設計等專業知識加強精進。 本研究並以三個案例印證前述研究之結果，希能對於未來自辦軍事工程之糾紛處理有所幫助。 The category of military construction disputes are affected by types of built facilities or demands of armament duties. In this research, a survey was conducted on military engineers via questionnaires. It was found that the construction disputes were mainly resulted from terms of contracts, calculations of project duration, quantities of bidding documents, quality of project, design drawings and specifications, and change orders.These disputes were often found in the construction of Chung-Cheng Halls,recreation centers, land and drainage works, gunpowder containers,landscaping projects, and fortification works. This research studied processes of dispute resolution for military construction projects. Advantages and disadvantages of conciliation, arbitration, and litigation were also investigated, along with functions of lawyers in the dispute resolution processes. It was concluded that the key issues in winning a case lie in finding of weakness of the opponents, gathering and analysis of evidence, and presentation skills. In the future, military construction related personnel should work on (1) improving basic engineering knowledge, understanding organizational behaviors and working environments, and (2) reinforcing professional knowledge about regulations and laws, engineering design, construction practice, and site management. Three previous dispute cases were also studied in the research. The above findings were proven to be effective if they had been adequately executed. It is anticipated that findings of this research be helpful to personnel who are related to disputes of military construction. |
