【Opinion Column】Liberty Square Beyond Revising Physical Classification Standards: Making Draft Evasion a “Real Risk of Criminal Conviction”

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2025.12.17 Po-Chang Lee

In order to close loopholes in draft evasion, the government has required conscripts with hypertension to undergo inpatient monitoring and has substantially revised the physical fitness classification criteria. These institutional reinforcements are indeed necessary. However, beyond adjusting numerical thresholds and procedural standards, it is even more critical to clearly define legal responsibilities—who bears liability and under what circumstances—if draft evasion is to be truly deterred. This is because physical classification systems are ultimately built on human decision-making mechanisms; as long as the cost of breaking the law remains low, someone will always be willing to take the risk.

With respect to draft evasion, Article 20 of the Constitution of the Republic of China clearly states that “the people have the obligation to perform military service in accordance with the law.” Draft evasion is therefore not a gray area, but an act that squarely involves criminal liability—and legal responsibility does not rest solely with the conscript.

A conscript who knowingly submits false medical diagnoses to apply for exemption from service may be guilty of the offense of “causing a public official to make false entries,” as stipulated in Article 214 of the Criminal Code, which carries a penalty of up to three years’ imprisonment, detention, or a fine. Under the Military Service Act, exemption status may be revoked and compulsory service reinstated; in serious cases, the matter may be referred to judicial authorities for prosecution. Once a case is established, the individual not only fails to evade military service but also faces imprisonment and a permanent criminal record.

Medical diagnosis certificates constitute official medical documents. If a physician knowingly issues a false diagnosis inconsistent with medical facts, such conduct may, under specific circumstances, constitute the crime of “forgery of private documents” under Article 210 of the Criminal Code, punishable by up to five years’ imprisonment. In addition, administrative sanctions may be imposed under the Physicians Act and the Medical Care Act, including suspension of practice or even revocation of the physician’s license—consequences of significant severity.

However, a physician’s legal responsibility hinges on whether they “knowingly issued a false diagnosis,” not on guaranteeing the administrative outcome of military service determinations. Retrospective liability based solely on outcomes—penalizing good-faith, reasonable professional judgments—risks encouraging defensive medicine and ultimately harms conscripts who genuinely require proper medical evaluation.

As for intermediaries, they are the key actors who “industrialize” systemic loopholes. Whether by introducing physicians, coaching conscripts on scripted narratives, or packaging draft evasion processes for profit, intermediaries who share criminal intent and divide roles in execution may be held criminally liable as accomplices under Article 30 of the Criminal Code.

To effectively deter draft evasion, society must receive a clear message: this is a path involving criminal liability, and the legal costs far exceed the burden of fulfilling military service itself. We must help younger generations rebuild correct values by implementing three concrete measures:

  1. Strengthen legal education for conscripts so they clearly understand the criminal risks associated with draft evasion.

  2. Impose strict penalties on physicians who knowingly issue false diagnoses, while protecting good-faith and reasonable professional judgment to prevent misallocation of responsibility.

  3. Proactively investigate and prosecute intermediaries, cutting off the critical operational nodes of draft evasion schemes.

(The author is a physician and public policy researcher focused on medical professional liability and rule-of-law governance.)

Original source: https://talk.ltn.com.tw/article/paper/1736217?utm_medium=APP&utm_campaign=SHARE&utm_source=LINE