刑法修正案(五)新增军事犯罪的罪名探析

On the Accusal of Military Crime Added in the Amendment to the Criminal Law(Five)

对《刑法修正案(五)》第三条增设的过失军事犯罪的具体罪名,刑法学界和司法实务界存在分歧。通过对用词的分析,根据罪名的确定原则,认为最佳选择的罪名是"过失损坏武器装备、军事设施、军事通信罪"。

There are disputes about an idiographic accusal of military crime added in the third item in the amendment to the criminal law （five） by the science of criminal law and justice affair. Based on the analysis of some words in this article, this paper suggests that the best selective accusal is the crime of negligent attainting weapons or equipment, military installations or military telecommunications according to confirming principle of the accusal.