论刑法一般原则在军事刑法中的实现

On the realization of criminal law' s general doctrine in military criminal law

军事刑法是普通刑法的特别法,因而,刑法的一般原则对军事刑法具有当然的指导意义,但是这些原则在军事刑法中会有特殊的体现。军事刑法保护的是国防利益、国家军事利益。但是,为了保护国防利益、国家军事利益而不当的牺牲个人权利是罪刑法定原则不允许的。法律面前人人平等原则要求,对任何人犯罪,在适用法律上一律平等。但是,由于军人具有特殊的身分,刑法对军人和非军人加以区别对待。罪刑相适应原则要求,刑罚的轻重,应当与犯罪分子所犯罪行和承担的刑事责任相适应。战时缓刑是刑罚个别化原则在军事刑法中的体现。

The military criminal law is the special sector of criminal law, so the general doctrine of criminal laws has applied to military criminal laws in that these general doctrine has embodied their peculiarities in military criminal law. The purpose of military criminal law is to protect the interest of national defense and of national military. However ,the doctrine of legality dose not allow to sacrifice individual right in order to realize this purpose. The doctrine of equality before the law requests that the law be implemented equally on anyone who commits a crime. Nevertheless , the criminal law treats soldiers and common people differently because of the special status of soldiers. The principle of appropriate punishment for crime demands that the degree of punishment should equate with crime act and criminal responsibility. Suspension of sentence in wartime is the exhibition of the doctrine of individualization in military criminal law.