我国未来军事征用立法中的程序性规范

The Procedural Norms of China's Future Military Expropriation Legislation

军事征用的程序性规范既是提高军事征用中资源配置效率的可靠保障,同时也是防止军事征用权力被主体滥用,侵犯相对人合法权益的有效途径。本文在借鉴军事法学界已有研究成果的基础上,对我国未来军事征用立法中的程序性规范提出了具体的设计和构想。

Military expropriation means, in accordance with conditions and procedures provided by the law, the legal acts of statutory administrative organs or military authorities enforcing to obtain the right to use of relative persons＇property or personal services and to give compensation, for military purposes such as national defense and army building, war preparation and war implementation, and so on. Procedural norms of military expropriation is not only reliable guarantee of improving the efficiency of resource allocation in military expropriation, and also effective way to prevent the abuse of military expropriation power by the main and violations of the legitimate rights and interests of relative persons. Currently, laws of many countries in the world made clear and specific provisions for procedures of military expropriation. But China has a large gap in this aspect. In China＇s existing laws and regulations, the provisions of military expropriation are very rough. It＇s hard to find specialized procedural norms. In this pa- per, based on existing research results of military law experts, the author provides specific design and the concept of procedural norms in China＇s future military legislation on military expropriation.