Military normative documents formulated and promulgated by state organs
Military regulations generally refer toState organsFormulate and promulgate all military normative documents.Such as military laws, military regulations (military administrative regulations), military regulations (military administrative regulations), etc.It can be applied to military laws in a broad sense.For example, "Military Law Collection" can also be called "Military Regulations Collection".Sometimes it refers to military normative documents formulated and promulgated by a state organ.Including: the State Council alone or withCentral Military CommissionJointly formulate and promulgate military administrative regulations.For example, Regulations on Pensions and Preferential Treatment for Servicemen, Regulations on Protection of Communication Lines, etc;The Central Military Commission formulates and promulgates military regulations.Such as the Regulations on Confidentiality of the Chinese People's Liberation Army, the Internal Affairs Ordinance of the Chinese People's Liberation Army, etc.[1]
National Defense LawIt is a comprehensive military basic law, and the military laws and regulations in a country[2]It is at the highest level in China and is the basis for the formulation of other military laws and regulations.National defense law is to guide and regulate national defense andarmed forcesThe national defense laws of different countries often focus on different basic laws and regulations of construction.
Military service law
Law of the People's Republic of China on Military Service
Military service lawIt is designated by the stateMilitary service systemAnd citizensMilitary service obligationIt is the general term of the legal norms of the People's Republic of China. The purpose of its formulation and implementation is to ensure the militia supplement of the army and strengthen the construction of the national armed forces.The most famous ancient law on military service is the 18th century BCBabylon, CubaThe Kingdom of Hammurabi《Code of Hammurabi》The earliest special military service law was issued by France in 1789《Judang method》。
Military criminal law
Servicemen
Military criminal lawIt is an important part of the national criminal lawServicemenThe criminal activities of the military staff and workers who endanger the national military interests and the punishment methods they should accept have been regulated by law.The formulation of military criminal law is conducive to punishing those who endanger the country and national defense constructioncriminal offenceTo safeguard the country's legal system and military order and ensure national security.
Military courts are military judicial organs established by the state in the military.There are three levels of military courts in the United States, and each level has different functions and powers.
armed forcesCourt of Appeal: review the decision of the Criminal Appeal Court.
Court of Criminal Appeal: review the trial results of the military trial court in case of appeal.
Military trial court: including the high trial court, the special trial court and the summary trial court, which are only responsible for the first trial and retrial of cases.
law of education on national defense
Law of the People's Republic of China on National Defense Education
national defenseeducationLaw is a national law and regulation on the nature, principles, tasks and implementation principles of national defense educationnational defenseThe branch of law.The implementation of the National Defense Education Law is conducive to popularizing and strengthening national defense education and promotingNational defense construction。For example, the U.S. defense education is a legal measure taken by the U.S. federal government to assist state government educational institutions to strengthen defense education, which is used to train American teenagerspatriotismSo that they can master the necessary military technology, which is conducive to the national defense construction and national security of the United States.
National Defense Mobilization Law
National Defense Mobilization Comprehensive Exercise
When the sovereignty, unity, territorial integrity and security of a country are threatened, it is the general term of the legal norms for the implementation of human, material and financial mobilization.Part of the national military law.Issued by the French National Council on August 23, 1793《National Mobilization Act》It is the earliest national defense mobilization law in the world.Later, in view of the needs of war and national defense, many countries have formulated various laws and regulations on war mobilization.
development history
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In 1988, the Legislative Affairs Bureau of the Military Commission formulated military legislationplanThe planned tasks are listed as an important agenda.Over the past 20 years, the CMC has issued four five-year legislative plans and 20 annual legislative plans.In April 1990, the Provisional Regulations on the Legislative Procedure of the Chinese People's Liberation Army was issued, marking the first time that military legislation has achieved "law to follow".
On April 26, 1993, under the active planning of the military legal department, a high-level and high-level national defense legislative forum was held in Beijing.Entrusted by the head of the Military Commission, Qin Jiwei, Vice Chairman of the Standing Committee of the National People's Congress, Chi Haotian, member of the Central Military Commission, State Councilor and Minister of National Defense, and 24 newly elected military members of the Standing Committee of the Eighth National People's Congress and its special committees spoke out freely and discussed military legislation.Soon, the State Council and the Central Military Commission decided to set up a national defense law drafting committee, with the drafting office located in the Legislative Affairs Bureau of the Military Commission.On March 14, 1997, the National Defense Law of the People's Republic of China, the basic law in the field of China's national defense and military building, came out.
The People's Republic of ChinaNational Defense Law》, the Law of the People's Republic of China on National Defense Education, the Law of the Hong Kong Special Administrative Region of the People's Republic of China on the Garrison, the Law of the Macao Special Administrative Region of the People's Republic of China on the Garrison, the Decision on the Establishment of a National Defense Education Day for All and other seven laws regulating the basic system of national defense and military building and decisions on relevant legal issues,At the same time, a number of important military laws and regulations were drafted, such as the Military Regulations and Military Regulations, and the Regulations on the Safety Management of Military Explosives, which filled many legislative gaps in the field of China's national defense and military construction.
The Legislative Affairs Bureau of the Military Commission reviewed more than 300 draft military laws and regulations submitted to the Central Military Commission by major military units and the armed police force, and handled 972 draft laws and regulations that state organs solicited opinions from the military, effectively safeguarding the national military interests and the legitimate rights and interests of the military and servicemen.
The Legislative Affairs Bureau of the CMC reviewed 3934 military regulations (including normative documents) submitted by major military units and the armed police force to the CMC for filing, and listed 3686 of them in the filing directory, effectively safeguarding the unity of military legal system.
In September 1988, the Central Military Commission decided that the Legislative Affairs Bureau of the Military Commission should organize relevant departments of all major units of the military to sort out the military regulations and rules issued or approved by the National People's Congress and its Standing Committee, the State Council, the Central Military Commission and all major units of the military since the founding of the People's Republic of China, and compile a compilation of military regulations on this basis.In this large-scale and nearly four years' work of sorting, compiling and publishing, all major units of the military gathered more than 2000 professionals, consulted more than 50000 volumes of the files, comprehensively and systematically sorted out 130000 normative documents since the founding of the People's Republic of China, and screened more than 18000 military laws and regulations.After careful examination and identification one by one, the Compilation of Military Regulations of the People's Republic of China (1949-1988) and the Compilation of Military Regulations of the People's Liberation Army (1949-1988) were edited and published for the first time, totaling 19 volumes and 52 volumes, with about 31.24 million words.
The compilation of military laws and regulations once every five years has been standardized and institutionalized.In the past 20 years, the whole military has carried out four large-scale sorting and compilation of military laws and regulations, editing and publishing 16 volumes and 17 volumes of the Collection of Military Regulations of the People's Republic of China, 59 volumes and 114 volumes of the Collection of Military Regulations of the People's Liberation Army, and 4 volumes of the Selected Military Regulations of the People's Republic of China (open version).By sorting out and compiling, we not only found out the basis of military legislation, realized the combination of legislation, reform and abolishment of military legislation, but also provided a basis for leading organs at all levels and officers and soldiers to learn and use laws.
Military legislation has gradually become a focus of general concern for officers and men from the leadership to the grass-roots level. Deliberation of military laws and regulations has become an important topic of the executive meeting of the CMC and the office meetings of major units;During the annual "two sessions" of the National People's Congress, military legislative bills accounted for a high proportion of the bills submitted by deputies to the National People's Congress and CPPCC members.
To establish legal basis, law enforcement is fundamental.The implementation of law enforcement supervision and inspection not only ensured the implementation of military laws and regulations, but also achieved remarkable results in promoting national defense and military building.
The Legislative Affairs Bureau of the Military Commission and the departments in charge of legal work of major units, together with the relevant departments of the state and the military, have always taken the inspection and supervision of military laws and regulations as an important responsibility and task, carried out a series of law enforcement, supervision and inspection activities inside and outside the military, and organized and participated in the "People's Republic of ChinaMilitary service law》Law of the People's Republic of China on the Protection of Military Facilities, Law of the People's Republic of China on Civil Air Defense, Regulations of the People's Liberation Army on Military Training, Regulations of the People's Liberation Army on the Administration of Real Estate, Regulations of the People's Liberation Army on Metrology and other more than 20 military laws and regulations.At the same time, constantly summarize the experience of law enforcement supervision and inspection, and promote the improvement of law enforcement supervision and inspection.
In the golden autumn of 1991, on the first anniversary of the promulgation and implementation of the Law of the People's Republic of China on the Protection of Military Installations, the Legislative Affairs Bureau of the Military Commission, together with the Legislative Affairs Working Committee of the Standing Committee of the National People's Congress, the Legislative Affairs Bureau of the State Council and relevant departments of the General Staff, formed a joint investigation team to investigate 15 places in 11 provinces (municipalities directly under the Central Government)The implementation of the Law of the People's Republic of China on the Protection of Military Installations by the municipal and local military authorities was inspected.Wherever the inspection team went, people were pleased to see that the phenomenon of fishing boats catching mussels in the military harbor in the past has disappeared, all kinds of fishing gear across the channel have been withdrawn, the chicken farm in the military airport has moved, and the foreign capital infrastructure projects overlooking the military camp have been dismounted
In the midsummer of 2004, the Legislative Affairs Bureau of the Military Commission, together with the Electronic Information Infrastructure Department of the General Armaments Department, carried out on-site inspection on the implementation of the Regulations of the People's Liberation Army on Measurement by more than 30 units affiliated to major units of the military over a period of one and a half months,Played an important role.In the face of the problems in the inspection, many leaders of the inspected units said with deep feelings that the rules and regulations are not written on paper, but have real requirements, "rules and regulations, rules and regulations are orders".
In the early summer of 2006, on the occasion of the fifth anniversary of the promulgation and implementation of the National Defense Education Law of the People's Republic of China, the state and military legal work departments, together with nine departments, including the National Defense Education Office, the Propaganda Department of the Central Committee of the Communist Party of China, the Ministry of Education, the Ministry of Finance, the General Office of the National Movement Commission, and the Central Committee of the Communist Youth League, carried out law enforcement inspections on the implementation of 12 provinces, autonomous regions, and municipalities directly under the Central Government.Other provinces (autonomous regions and municipalities) have also heard the news and carried out self-examination according to unified requirements.Through law enforcement and inspection activities, the national defense education for all has been effectively promoted to the track of legalization, standardization and institutionalization, and a good social atmosphere has been created to care about and support national defense and military construction according to law.
According to statistics, only“fifteen”During this period, 27 provinces (cities and autonomous regions) nationwide announced the national defense education regulations, nearly 3000 party schools and administrative schools opened national defense education courses, and most colleges and universities and senior middle schools carried out military training for students;More than 130000 primary and secondary schools have carried out youth military school activities;More than 20 provinces (autonomous regions and municipalities) have established specialNational defense educationNewspapers and periodicals.
With the effective implementation of military laws and regulations, many problems that have plagued national defense and military construction for many years have been solved. The law enforcement effect that laws must be obeyed, law enforcement must be strict, and law breakers must be prosecuted has become increasingly apparent.
curriculum
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Military laws and regulations course is an important basic military course. It is the main course for students to master military laws and regulations, develop military quality, and enhance legal awareness. It is the foundation and pillar of students' military knowledge structure. It plays an irreplaceable role in imparting knowledge, cultivating ability, and improving students' comprehensive quality.
Military laws and regulations reflect the nature of the people's army, the purpose of serving the people wholeheartedly and the fine tradition, condense the painstaking efforts of the older generation of proletarian revolutionaries, and gather the wisdom of the whole army. They are the scientific crystallization of our military construction and combat experience.Study and study carefully to understand the history of our military's legal system construction;Understand the characteristics of our military's legal system construction;Further implement the Central Military Commission's policy of running the army according to law;It is of great practical significance to strengthen the revolutionary, modern and regularized construction of our army.[3]
The course of military laws and regulations is a compulsory course for the students of this major, and is the basis for the study of military discipline in subsequent courses
