新修正陸海空軍懲罰法於2015年5月6日經總統公布生效，其中為了呼應軍中人權保障的法治意識，乃將士官懲罰種類部分刪除「管訓」，保留「悔過」，士兵部分同時刪除「管訓」，「禁閉」則修正為「悔過」。「悔過」之懲罰，本質上屬拘束人身自由之處罰，新法所採之救濟程序，乃準用提審法之審理程序。而此救濟程序是否符合司法院大法官解釋所揭示法官保留原則之脈絡，不無疑義，且準用提審法之審理程序後，對保障被懲罰人之人權，亦不無缺憾。新法為呼應軍中人權保障所作的修正，應有更多的宏觀思維，不應再只是落入霧裡看花似的「只是朦朧美」。

The latest amendment of Act of Punishment of the Armed Forces is in force from the day of its announcement by President on May 6, 2015. In order to be consistent with the legal consciousness of the protection of human rights in military, reforming training has been deleted and penitent is reserved in non-commissioned officers’ punishment, in the meanwhile, reforming training has been deleted and confinement amended to penitent for enlisted soldiers’ punishment. Due to the essence of Penitent belongs to the restraint of personal liberties, there by procedure for the latest amendment of Act of Punishment of the Armed Forces is applicable mutatis mutandis of the Trial Procedure of Habeas Corpus Act. However, whether the remedy procedure conforms to principle of retention for judge’s decision. Once it’s applicable mutatis mutandis of the Trial Procedure of Habeas Corpus Act, then, the human rights has been ensured without doubts. For the purpose of being consistent with the protection of human rights in military, we should have a further thought to draw a clearer picture, not blurred in the of Act of Punishment of the Armed Forces.