The Act Governing the Handling of Land Grant Certificates to Soldiers does not define and set out the scope for the “Armed Forces Non-Duty Officers” as referred to in Article 10 of said Act.　Under Paragraph 16 of Article 3 of the Enforcement Rules of said Act: “The Armed Forces Non-Duty Officers refers to those who, per the Measures Governing the Handling of Armed Forces Non-Duty Officers, promulgated per the Decree issued by the Executive Yuan Ref. No. Tai-(48)-Fang-3882 dated July 14, 1959, registered on record with the Ministry of National Defense prior to October 18, 1959, with a Discharge Order issued, and have been verified by the Office of Deputy Chief-Personnel of the General Staff of the Ministry of National Defense as having met the criteria for Armed Forces Non-Duty Officers”.　The foregoing is a supplemental provision for the determination of the status of Armed Forces Non-Duty Officers and does not violate the legislative purpose of said Act; nor does it contradict the Constitution.

　　　 The purpose of the Act Governing the Handling of Land Grant Certificates to Soldiers, as enacted on April 23, 1990, and which took effect on January 1, 1991, is to take back the Land Certificates that Soldiers received per the Land Grants to the Anti-Communist/Anti- Soviet Soldiers Act and to pay compensation in accordance with the basis points based on individual situations.　The recipients covered by said Act are those that originally received the Land Grant Certificates to Soldiers.　Under Article 11 of the Land Grants to the Anti-Communist/Anti-Soviet Soldiers Act, “Soldiers who have served in the Armed Forces for more than two years” are the intended recipients of the Land Grant Certificates to Soldiers.　For those who formerly were military officers in mainland China but, after coming to Taiwan on personal initiative or with the army, did not duly go through the formal discharge procedures or left the military employer when the registration of non-duty officers was still being processed, their absence from the military camp makes receiving a Land Grant Certificate to Soldiers practically difficult.　Hence the provision in Article 10 of said Act: “Those people who, before the Land Grants to the Anti-Communist/Anti-Soviet Soldiers Act was promulgated and implemented, participated in the conflicts against communists and the Soviet Union, excluding those who have been sentenced for treason or desertion, have been discharged, are Armed Forces Non-Duty Officers, have received the Discharge Certificate, and are now living in Taiwan, are deemed as having been issued the Land Grant Certificates to Soldiers and should be handled per the provisions of this Statute”, so as to protect the rights and interests of those people.　Said Act does not separately define and prescribe the scope for the so-called “Armed Forces Non-Duty Officer”.　Judging from the legislative purpose of said Act, however, “Armed Forces Non-Duty Officer” refers to those who are subject to the Measures Governing the Handling of Armed Forces Non-Duty Officers, promulgated per the Decree issued by the Executive Yuan Ref. No. Tai-(48)-Fang-3882 dated July 14, 1959.　Paragraph 1 of Article 2 of said Measures provides: “The Armed Forces Non-Duty Officers as referred to in the Measures include those who are: 1) dismissed and suspended from service, 2) redundant, 3) resigned or terminated, 4) missing in battle or returned prisoners of war, 5) dismissed and put on leave of absence, 6) removed from office, 7) dismissed from an officer position and suspended from service, 8) suspended from service due to criminal proceedings, and 9) otherwise resigned but did not complete the discharge procedures or provisional discharge procedures”.　Paragraph 2 of said Article provides: “The preceding Paragraph shall apply only to those who have lived in the areas controlled by the Government before June 30, 1948”.　 Article 21 of said Measures further provides: “Those Armed Forces Non-Duty Officers who, during the prescribed investigation period, failed to participate in said investigation, shall not be processed later and shall be deemed as having been discharged”.　The period set for the investigation and registration of Armed Forces Non-Duty Officers was between June 8, 1949 and October 18, 1949, per the Pronouncement issued by the Ministry of National Defense Ref. No. (48)-Lay-Lu-2644 dated May 28, 1959. The aforesaid Measures, upon expiration of the registration period, were repealed per the Decree issued by the Executive Yuan Ref. No. Tai-(53)-Ren-3412 dated May 15, 1964.　Accordingly, the provision of Subparagraph 16 of Article 3 of the Enforcement Rules of said Act regarding “An Armed Forces Non-Duty Officer refers to those who, per the Measures Governing the Handling of Armed Forces Non-Duty Officers, promulgated per the Decree issued by the Executive Yuan Ref. No. Tai-(48)-Fang-3882 dated July 14, 1959, registered on record with the Ministry of National Defense prior to October 18, 1959, with a Discharge Order issued, and have been verified by the Office of Deputy Chief-Personnel of the General Staff of the Ministry of National Defense as having met the criteria for Armed Forces Non-Duty Officer” is a supplemental provision for the determination of the status of Armed Forces Non-Duty Officer.　The foregoing meets the need to enforce the aforesaid Act, and does not violate the legislative purpose of said Act; nor does it contradict the Constitution.