所谓军事审判权的适用范围,主要是指“军事审判法”的适用对象。凡“法律”有刑罚规定而台湾地区“陆海空军刑法”也有规定或有类似的规定的,不论台湾地区“刑法”及其“特别法”有无规定,该“法”为“陆海空军刑法”的“特别法”。因此,现役军人犯该罪均归属军事审判。台湾地区所谓的现役军人,是指依其“兵役法”或其它“法律”服现役的军官、士官、士兵。非现役军人也有受到军事审判的可能。 The so-called scope of the application of military jurisdiction, mainly refers to “military trial law ” the applicable object. Where there is a criminal penalty in Taiwan and the provisions of the Criminal Law of the air, sea and air force in Taiwan, or similar provisions exist in Taiwan, regardless of whether there are any provisions in the Taiwan Penal Law and its special law, “Law ” is “Special Law ” of “law of land, air and air force criminal ”. Therefore, active military personnel commit the crime are attributed to the military trial. The so-called active duty servicemen in Taiwan refer to officers, sergeants and soldiers serving active duty in accordance with their “military service law” or other “laws.” Non-active military personnel also have the possibility of military trials.